This is a reference under S. 438, Criminal P. C., by the learned Sessions Judge, Manipur, with the recommendation that the order of the Magistrate convicting the four applicants (accused) under S. 447, I.P.C., and sentencing them to pay a fine of Rs. 10/- each be set aside, as the trial was illegal.

2. The case was tried as a summons case, and when the applicants were called upon to show cause under S. 242, Criminal P. C., they admitted having entered upon, and cultivated the land as they claimed the land to belong to them, even though they had knowledge that the land had been allotted to the Assam Rifles. The order of the learned Magistrate shows that he did not accept the statement of the accused as an admission of the offence and did not convict them on its basis, and in that he was right, because the statement made by the accused can by no means be taken to mean that the accused intended to plead or were pleading guilty to the charge.

But the error into which the learned Magistrate fell thereafter was that instead of proceeding under S. 244, Criminal P. C., to hear evidence he closed the trial, examined, as he says, some old records and negatived the plea of the accused,