JUDGMENT

SEN, J.:— The State Government of West Bengal and the complainant Mohd. Abu Bakkar Siddique Molla have come up in appeal by way of special leave, from the judgment and order of a Division Bench (Sukumar Chakravarty and Govinda Chandra Chatterjee, JJ.) of the High Court of Calcutta dated August 14, 1986 setting aside the finding and sentences recorded by Shri S. K. Mitra, Additional Sessions Judge, 24 Paraganas, 14th Court, Alipore dated April 4, 1985 in Sessions Trial No. 3(8) of 1983 directing retrial of the respondents before us 16 in number, on the ground of material defect in the framing of the charges which, according to the learned Judges, had occasioned in failure of justice. The High Court held that (1) -it appears from the heads of the charges framed by the learned Additional Sessions Judge that the principal accused Laisal Haque was charged along with other accused persons under S. 302 read with S. 149 of the Indian Penal Code, 1860 alleging that in furtherance of the common object of killing the deceased Gulam Rabbani and injure others, all the rioters committed the murder of Gulam Rabbani. If such a charge was framed against all the accused persons including La