JUDGMENT

Harington and Holmwood, JJ. - This is a reference by the learned Sessions Judge of Faridpore. He has referred to us an order of the District Magistrate, dated the 8th October last, directing the prosecution of the petitioners, in order that order may be reversed. The grounds on which this Court is applied to are as follows. It appears that one Golam Imam and 19 others were charged with offences under Sections 148, 326 and 302. Three of these persons were placed on their trial and acquitted. Six of the persona alleged, to be implicated in the transaction ran away, and out of these six, five appear now to have been captured and are the petitioners in the present reference, and the ground on which we are asked to interfere with the order of the District Magistrate is this: that the Sessions Judge having disbelieved the evidence in the case brought against The three persons who have been acquitted, and having express an opinion that the facts and circumstances suggested to him a very strong doubt as to the truth of the stay and he having come to the conclusion that the deceased met with his death under different circumstances, and that the story told by the prosecution before t