JUDGMENT : 1. Six persons were sent up by the police under S. 147/366, I.P.C., and two of them under S. 376, I.P.C. The inquiry was held by the Sub-divisional Officer of Karvi who recorded the evidence of the prosecution witnesses and their cross examination at great length. Although the charges under Ss. 366 and 376, I.P.C., are triable exclusively by the Court of Session he discharged the accused on the ground that there were insufficient grounds for committing the accused. 2. On revision the learned District Magistrate, without going into the evidence came to the conclusion that simply because there was evidence which if believed would justify a conviction the Magistrate had no option but to commit the case to the Sessions. The case of Fattu v. Fattu, [1904] 26 All. 564 : 1 A.L.J. 292 : 1 Cr. L.J. 510 : (1904) A.W.N. 125 shows that it is impossible to lay down any hard and fast line or rule according to which a Magistrate must commit. I have gone through the evidence in this case and I do not think that the accused should be committed to the Sessions. I therefore allow this application and confirm the order of discharge. The bailbonda are discharged.