Wanchoo, C.J. — This is a reference by the Additional Sessions Judge of Balotra and has arisen in the following circumstances :

Two goats belonging to Rawal Khanger Singh were stolen on the night between 8th & 9th October, 1948. In that connection Sardara & Mukania went to the Dhani of Achalia and others and made enquiries. It is said that there was an altercation between Sardara & Mukania on the one side and Achalia and others on the other, with the result that Sardara & Mukania were attacked by Achalia and others. The police investigated the matter and prosecuted three persons namely, Achalia, Nagia & Nawia under sec. 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 & Nawia who were prosecuted by the police, two other men Mohabatia & Kirtia 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 & Kirtia also to stand their trial. He held a joint trial of the five accused, three of whom were mentioned in the police challan also, and the remaining two only in t

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