JUDGMENT

Sanderson, C.J. - This is a Reference by the learned Sessions Judge of Faridpur, u/s 307 of the Criminal Procedure Code.

2. The case involved a charge of murder, and a conspiracy to murder, against three persons Abinash Bose, Abinash Sarkar and Kali Charan Barai. They were charged with having murdered one Abdul Aziz Khan.

3. There is no doubt that a brutal murder was committed and that the decapitated body of Abdul Aziz was found on a piece of land, overgrown more or less with jungle, called Boybagan, near the village Jhowkhola, andl that his head was found in another part of Roybagan.

4. The case for the prosecution, shortly stated, was that Abdul Aziz and two of his relations who were Kabulis lived together carrying on a joint business in cloth. Abdul Aziz was an illiterate man: and one Nirode used to act as a sort of clerk for him writing out his khatas, making out his accounts, and he used to go with Aziz to collect the amounts due to him. After the collections had been made, Aziz was in the habit of going to Calcutta for the purpose of buying cloth for the business. It was alleged that on the 31st of December the three accused persons and Nirode were together at the house