Jamuar, J.

1. This is a reference made by the Sessions Judge of Purnea under the provisions of Sec. 438 of the Code of Criminal Procedure. The circumstances are these; One Hari Jha had filed a petition of complaint in the court of the Subdivi-sionai Magistrate of Araria against eleven persons charging them of having committed offences punishable under Sections 148, 324 and 323 of the Indian Penal Code. The accused were tried on these charges, and four of them were convicted under Sections 148 and 323 of the Indian Penal Code by a magistrate of Araria. The magistrate passed sentence of one years rigorous imprisonment each under Sec.148, Indian Penal Code, and a sentence of fine of Rs. 60.00 each under Sec.323, Indian Penal Code, with the direction, that in default of payment of the fine the convicted men shall suffer rigorous imprisonment for two months each. The further direction was that the sentence of imprisonment under Sec.148, Indian Penal Code, and the sentence of imprisonment in default of payment of the fine imposed under Sec.323, Indian Penal Code,. shall run concurrently.

2. The convicted men appealed to the court of session. The learned Sessions Judge altered the