CHHANGANI, J.—This is a reference by the Additional Sessions Judge, Tonk, recommending that conviction and sentence of the accused-applicant Onkar and Bajrang under sec. 426, Indian Penal Code, may be set aside and the case may be remanded to the trial court for fresh trial in accordance with law.

2. The facts leading to the reference may be briefly stated as follows—

On 21st April, 1962 Kapoor Chand opposite-party No. 1 presented a complaint in the court of First Class Magistrate, Tonk, against the petitioners Onkar and Bajranga accusing them for an offence under sec. 427, Indian Penal Code. The allegations in the complaint are that the opposite party is the manager of a Dharam-shala constructed by his father Seth Chhanganlal and that there was a lime kiln in the Dharamshala. On the 17th April, 1962 the accused-petitioners destroyed the kiln and caused a damage to the extent of Rs. 200/-. On 1st May, 1962, the Magistrate recorded the statement of the complainant and further examined two witnesses Ramkaran and Chatra and ordered that the complaint be taken on file for an offence u/s. 426, I.P.C. Processes were issued to the accused-petitioners for answering a charge under sec. 426 I.

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