JUDGMENT

Mookerjee, J. - This is a reference u/s 307 of the Criminal Procedure Code. The accused Dhananjay Ray was charged with an offence u/s 211, Indian Penal Code. The jury unanimously found him not guilty. The Sessions Judge, however, was of opinion that the verdict was not in accordance with the evidence and thought it necessary in the interests of justice to submit the case to the High Court.

2. The case against the accused may be briefly stated. On the 6th October, 1922, the accused, who was the tahsildar of the Khararia Zemindars, lodged a first information at Mollahat police station against Ramgachia, Premchand and eleven other persons. His story shortly was that on the 4th October, while proceeding in a boat, he was accosted by the accused persons. Two of them, Ramgachia and Premchand, threatened him with does, forced him to unlock his box and stole Rs. 150. The police authorities made some arrests on the 9th October, but were not as expeditious in the conduct of their enquiry as the accused desired. The result was that on the 31st October, he lodged a complaint before the Sub-Divisional Magistrate at Bagerhat. On the 16th November, the police submitted a report that the ca