Judgment

JAFER IMAM, J. : In this appeal by special leave the substantial question for consideration is whether the reference made to the Calcutta High Court by the Additional Sessions Judge of Alipur under S. 307 of the Code of Criminal Procedure (hereinafter referred to as the Code) was competent and, if not, whether the High Court acted with jurisdiction in convicting or acquitting any of the accused who were tried by the Additional Sessions Judge and a jury.

2. There were eight accused on trial in the Court of Session all of whom were charged under Ss. 147 and 304/149 of the Indian Penal Code. Four of them, namely, accused No. 1, Sashi Mohan Debnath, accused No. 2, Rajendra Debnath, accused No. 3, Manindra Debnath and accused No. 6, Rohini Kumar Debnath were further charged under S. 201, Indian Penal Code. The trial Judge delivered a charge to the jury which was favourable to the accused. The jury returned a unanimous verdict of not guilty under S. 304/149 of the Indian Penal Code, which the learned Judge accepted. He, accordingly, acquitted all the accused charged with this offence. The jury, however, with respect to charges under Ss. 147 and 201 of the Indian Penal Code returne