JUDGMENT

Mookerjee, J. - This is a Reference u/s 307 of the Criminal Procedure Code in respect of fifteen accused persons; they were tried jointly with another who has been acquitted by the Court below. The accused were charged with offences under Sections 147, 148, 325 read with Sections 149, 343 and 379, Indian Penal Code. The jury returned a divided verdict. By a majority of four to one, the jury found all the accused not guilty of all the. charges. The minority verdict was that all the accused, except Abdul Kader, were guilty of all the charges except the change u/s 379. The Sessions Judge accepted the unanimous verdict that Abdul Kader was not guilty, and that Anwar Ali was not guilty u/s 379. He further accepted the verdict of the majority of the jury in so far as they acquitted Mamfru Chowdhury, Fateh Chowdhury and Lakshmikanta of the charge u/s 148; but he declined to accept the majority verdict in other respects and decided to refer the case of the accused other than Abdul Kader (who was acquitted) to this Court for consideration.

2. The prosecution was instituted by reason of an incident which is alleged to have taken place on the 11th January, 1922. The subject-matter of t