( 1 ) THE question raised in this reference is about the rights of the prosecution and the accused in respect of disguising the face of prominent marks of identification on it. The opposite party, madan Lal Juggi, is being prosecuted along With others for the offences of Sections 302 and 120b,. P. C. , before a Magistrate. He has two prominent marks, one a scar on the left cheek and the other a scar in the middle of neck, and the precise question is whether he is entitled to cover the marks or to adopt any disguise when he appears in court during the trial. He is on bail. Under the law he is only required to be present at the trial; there is no law which prescribes the dress to be worn by him or prevents his putting on any dress he likes or adopting a disguise or covering his face or changing it or not taking steps to prevent its natural change (by growth of hair etc.) At the same time a prosecution witness has a right to see his face as much as it is necessary for (identifying him. A prosecution witness deposing against an accused can refer to him by his name if he knows him by the name, or point him out in court if he does not know him by the name. In this case th