King, J.

1. This revision arises out of the order of the District Magistrate of Chittoor setting aside an order of discharge passed by the Sub-Magistrate of Piler in a case under Section 307, Penal Code (attempt to murder). It appears that the case was first reported by the Village Magistrate to the police and was found by the police to be false. Subsequently at the instance of the complainant himself who was injured, the preliminary enquiry went on. The story for the prosecution was that the accused shot at the complainant from a distance of 15 or 16 yards with a breach-loading gun and injured him in the left thigh. The defence was that P.W. 1 had attempted to kill himself with his uncles gun which was a muzzle loader and in doing so, bungled and injured himself in the thigh instead of in any vital part of the body. P.W. 8, the Village Magistrate, taking advantage of this circumstance foisted a false case against the accused.

2. The Sub-Magistrate of Piler took the whole of the evidence both for the prosecution and for the defence, wrote a long and considered judgment in which he pointed out that in his opinion the eyewitness, P.W. 2, and the other important prosecution witness