JUDGMENT

Waliullah, J. - This is a reference by the learned Sessions Judge of Orai, recommending that an order of commitment made by a Magistrate of the first class be quashed and that the Magistrate be directed to proceed with the trial of the case. This case came up before one of us but in view of the importance of the questions involved in it, and further in view of conflicting authorities on these questions it has been referred to a Full Bench.

2. It appears that on 13th November 1945, in the after-noon at about 3 P. M. a fight occur, red between two sets of villagers of village Umrar, P. Section Orai, District Jalaun. As a result of injuries received in the fight one Lalloo Ahir lost his life. One Shyam Behari filed a complaint against four brothers viz., Matoley, Lalloo, Hira Lal and Har Dayal u/s 323, Penal Code, read with Section 24, Cattle Trespass Act. Under; orders of a Magistrate police investigation followed as a result of which a case against Matoley, Hira Lal, Lalloo and others u/s 323, Penal Code, read with Section 24, Cattle Trespass Act, was sent up to the Court of the Magistrate for trial. There was also a cross-case against Shyam Behari and Ors., under 3. 304, Pen