1. This is a criminal revision case filed against the order made by the learned District Magistrate of West Godavari in C. R. P. No. 23 of 1950.
2. The facts are: The petitioners before us were charged for offences under Sections 307 and 325 I. P. C. of having attempted to murder P. W. 1 and causing him grievous hurt. The learned Sub Magistrate after hearing prosecution evidence discharged the petitioners of the charge under Section 307 and directed that the trial should be proceeded with under Section 325 I. P. C. The case was converted from a P. R. enquiry into a calendar case.
3. Thereupon the prosecution moved the learned District Magistrate of West Godavari, Mr. Gwynne and he came to the conclusion that the learned Sub Magistrate was not justified in dropping the charge under Section 307 and proceeding only with the offence under Section 325 and directed the committal of the accused to the sessions under Sections 307 and 325 I. P. C. Hence this revision petition.
4. In my opinion the learned District Magistrate had ample grounds for directing the accused persons to be tried under Section 307 in the following circumstances. In this case there isprima facie evidence that these accused persons had the intention to murder P. W. 1. Secondly 'ex facie' the nature of the injuries inflicted (sic) which can be seen from the medical certificate point to the fact that it was not merely a caseof causing grievous hurt. It is unnecessary to multiply the other grounds which have been clearly set out by the learned District Magistrate in his order which go to show that he properly interfered with the improper implied discharge of the Sub Magistrate of Tadepalligudemand directed their committal,
5. It is contended by the learned advocate for the petitioners before me that the learned District Magistrate was not justified because the Sub Magistrate has given ample reasons for discharging the accused under the serious offence of Section 307. But in advancing the argument it is overlooked that this was not a case of discharge in a calendar case but a discharge of an offence exclusively triable by the Sessions Court and though the magistrate has the privilege as 'well as the prerogative to weigh the evidence, still when there is prim a facie presentable evidence which can convince another tribunal to come to a different conclusion, it was the duty of the Magistrate to commit the case to the sessions and not take upon himself the duty and responsibility of discharging the accused which is the privilege & prerogative of the Sessions Judge sitting with the assessors. This was a clear case of clutching at jurisdiction and the improper discharge has been properly interfered with.
6. The Criminal Revision Petition is dismissed.