( 1 ) THESE two references by the learned Sessions Judge of Gyanpur arise out of cross-cases and raise two common questions of law, namely (1) whether under Section 207 A (4), Criminal P. C. , a committal order which is based upon an examination of some and not all of witnesses to the actual commission of the offence alleged is illegal? and (2) whether the prosecution in such a case are precluded from examining in the Court of Sessions a witness who was not examined in the committing Court?

( 2 ) BOTH the references first came up for hearing before our brother Sahai, who referred them to a division Bench in view of the importance of the questions of law involved therein.

( 3 ) THE facts giving rise to the said references are as follows :

At about 7-30 oclock in the morning of 14-11-1956 a lathi fight took place between two factions in the village of Ahimanpur police station Aurai, district Varanasi. Both the parties to the fight lodged reports with the police, which investigated the cross cases and submitted charge sheets in both of them. In the Magistrates court they were numbered as criminal cases Nos. 654 and 642 of 1956. In the former case, there were 16 eye-witn