( 1 ) THIS is a reference made to a Full Bench by a Division Bench in a criminal matter.

( 2 ) ONE Mokshoda Dassi, mother of Dhirendra Nath Bera, who was the complainant, had been ill for sometime and while their son was away from home on 3-9-1949 she died. On his return home late in the evening Dhirendra Nath Bera found that his mother had died and with the aid of his friends and neighbours he took the dead body to the Panshilla Hindu cremation ground and placed the body on a funeral pyre which was then lighted. It appears that the accused Nurul Huda had lodged an information at the Shyampore Police Station in which it was alleged that the petitioner had beaten or throttled his mother to death. The accused opposite parties Nurul Huda, Basiral Huq, Sanwaral Huq, Jahet Rahaman, and Dr. Niamutulla--accompanied by a Sub-Inspector of the Shyampore Police Station--hurried to the cremation ground and found that the funeral pyre had been lighted. A complaint was again made to the Sub-Inspector that the deceased had been done to death and at the instance of the accused opposite parties the body was removed from the funeral pyre and taken to the morgue. A postmortem examina