JUDGMENT

Zahhadur Rahim Zahid Suhrawardy, J. - This is a Reference by the Additional Sessions Judge of Midnapur recommending that the accused persons in this case should be acquitted. The unanimous verdict of the Jury convicted them of offences under Sections 326 and 147, Indian Penal Code.

2. Before dealing with the merits of the case, I should like to say a few words about the letter of Reference submitted by the learned Judge. A letter of Reference ordinarily should state the case and the verdict of the Jury and concisely the ground upon which the learned Judge differs from that verdict and considers it necessary, in the ends of justice, to submit the case to this Court u/s 307, Code of Criminal Procedure. What the learned Judge has done in this case is that he has given a detailed criticism of the evidence by the prosecution and by the defence and in the conclusion he expresses his agreement with the point of view urged on behalf of the accused. The recommendation made by the teamed Judge that the accused should be acquitted has been based by him on the view that, on the evidence in this case the accused should have been given the benefit of doubt and he could not agree with the