ORDER

Braund, J. - This is a criminal appeal which though not in itself a matter of major importance, raises a question which, to my mind, is of such far-reaching consequence that it appears to me to be my duty to refer it to the Chief Justice with a recommendation that it be put up before a Full Bench of the Court. In order to explain the point which is causing me so much trouble I cannot avoid setting out some of the facts. It appears that, owing to the shifting of the course of a certain river, a piece of land had during the last few years appeared. It is this land which is the subject of the dispute which gave rise to the quarrel, and ultimately ended in the fight, which is the subject-matter of the present charge. In order to put the matter in the smallest possible compass, it is enough to say that there were two rival sets of claimants to the land which had been thus exposed by the changing of the river's course. For the sake of convenience these two rival sets of claimants can be called "Genda's party," on the one hand, and "Ganeshi's party" on the other hand. The one fact that we know for certain is that, at about 2 P.M., on 26th November 1940, Genda's party and Ganeshi's pa