WANCHOO, C. J.

( 1 ) THIS is a reference by the Additional Sessions Judge of Balotra and has arisen in the following circumstances:

( 2 ) TWO goats belonging to Rawal Khanger Singh were stolen on the night between 8th and 9th October, 1948, In tnat connection Sardara and Mukania went to the dhani of Achalia and others and made enquiries. It is said that there was an altercation between Sardara and Mukania on the one side and achalia and others on the other, with the result that Sardara and Mukania were attacked by Achalia and others. The police investigated the matter and prosecuted three persons namely, Achalia, Nagia and Nawia under Section 326 of the Indian Penal Code. Mukania, however was not satisfied with that prosecution and filed a complaint against nine persons. These included Achalia, nagia and Nawia who were prosecuted by the police, two other men Mohabatia and Kir-tia and four women. Both the police case as well as the complaint case were before the same Magistrate. The Magistrate did not summon the four women but summoned Mohabatia, and Kirtia also to stand their trial He held a joint trial of the five accused, three of whom were mentioned in the police challa