( 1 ) THIS is a reference under Section 438 of the Code of Criminal Procedure made by Sri S. N. Bagchi. Additional Sessions Judge, 24-Parganas re- commending that the conviction of the accused Abdul Sukur under Section 448 of the Indian Penal Code may be set aside, the learned judge being of the opinion that no offence has been made out on the prosecution case itself.

( 2 ) ON a charge-sheet submitted by the Police against Abdul Sukur and another under Section 147/448 of the Indian Penal Code Abdul Sukur stood his trial, the other accused person was absconding.

( 3 ) THE charge against Abdul Sukur was as follows :"that you, on or about the 28th day of July, 1953 at Mudali P. S. Matiaburuj committed house trespass by entering into and remaining in the building of Gulum Md. used as a human dwelling with intent to annoy Gulam Mohammad and thereby committed an offence punishable under Section 448 of the Indian Penal Code, and within my cognizance. "

( 4 ) AS the learned Judge has not discussed the case in detail, I have gone through the record myself.

( 5 ) THE prosecution case was that Abdul Sukur and the absconding person Abdul Gaffur were tenants of the complainant