JUDGMENT

Cuming, J. - This is the case of three persons, Ram Chandra Roy, Kala Chand Roy and Maniruddin Mondal, which has been referred to us u/s 307 by the learned Sessions Judge of Murshidabad. These three persons were tried on three charges : one u/s 395, I.P.C., one u/s 147, I.P.C., and one u/s 342, I.P.C. The jury unanimously found them not guilty under all the three sections. The learned Sessions Judge accepted the verdict of the jury so far as Section 395, I.P.C., was concerned. He, however, disagreed with the jury so far as their verdict under Sections 147 and 342, I.P.C., was concerned. He was of opinion that all the three accused persons were guilty u/s 147, I.P.C., of rioting and that one of them, Ram Chandra Roy, was guilty u/s 342, I.P.C., of unlawful confinement. The facts of the case are briefly these : One Shashi Bhusan Chowdhury who was the proprietor of the Nadhai estate died some time in 1918 leaving as his heirs two minor sons, Ahi Bhusan and Bibhuti Bhusan, under the guardianship of their mother Shailabala Chowdhurani and a grandson Phani Bhusan, the son of a predeceased son of his. This boy who was also a minor was under the guardianship of his mother Harimati