JUDGMENT

Sanderson, C.J. - This is a Reference by the learned second Additional Sessions Judge of the 24 Pergannahs in the case of Mofizel Peada: and the learned Judge has recommended that he should be convicted u/s 302 of the Indian Penal Code.

2. There were 13 persons involved in the charge, all of whom, with the exception of Fazal Zamindar, ware convicted of an offence u/s 147, I.P.C. Mofizel Peada was found not guilty under Sections 302 and 342 read with Section 109, but the jury found him guilty of an offence u/s 147 and also of an offence u/s 304 (A).

3. Dhanu Peada was found not guilty of an offence u/s 802 read with Section 109 and also of an offence u/s 342 read with Section 109: but, as I have already said, he was found guilty u/s 147, I.P.C.

4. That there was a riot on the 28th June 1924, there can be no doubt, between the party of the accused on the one hand and the party to which Momtaz Molla, the man who was killed belonged I do not think it necessary to deal in any detail with the allegations of enmity which existed between these two parties. There is evidence that enmity existed, at all events, between certain individuals of the one party with certain individuals of the