JUDGMENT

Mukherji, J. - The four accused persons Rafiqueuddin Ahmed, Jyotish Chandra Ghose, Jatindra Nath Ray and Bhengra alias Hasimuddin Mamud were tried by the Sessions Judge of Rangpur with the aid of a jury. The charges on which they were tried were for offences under Sections 302 and 392, I.P.C., a charge of murder for having caused the death of one Gobind Ram Marwari and a charge of robbery for having stolen away some valuables and cash which were in the possession of the said Gobind Ram Marwari in the room in which he was murdered. The jury at first brought in a divided verdict of 5 to 4. The Judge thereupon asked them to retire and to see if they could be unanimous. They retired and after a deliberation for over fifteen minutes they came back and said that they were still divided, this time in the proportion of 6 to 3; six of the jurors were of opinion that the case against the accused was reasonably doubtful so that they should be held not guilty and the other three were of opinion that all the four accused persons were guilty under both the charges on which they had been tried. The learned Judge, being of opinion that the verdict of the majority of the jury was unreasonab