JUDGMENT

Prinsep and Hill, JJ. - Three persons--Jadub Das, Mangal Das, and Rai Charan Das--were tried in the Sessions Court of Jessore on a charge of murder by causing the death of one Jogeswar Das by strangling him, and in the Sessions Court a further charge of abetment u/s 114 of the Indian Penal Code was added by the Sessions Judge against Jadub Das. The jury returned an unanimous 298] verdict of acquittal and the Sessions Judge has referred the case to us u/s 307 of the Code of Criminal Procedure in respect only of Jadub Das. He has accepted the verdict of acquittal as regards the other two accused.

2. Dwarika Das is the father of the deceased Jogeswar, and he states that his son left his house at about two dandas of the evening of the 1st January, and has never since been seen alive. He made many inquiries regarding him during that night and the following day, but could learn nothing until, on the morning of the 3rd January, he was told by one Biswanath that his son's body was lying in a field. He went there and found his son dead; Jadub Das, the prisoner, his mother and grandmother, who are both witnesses, being present "lamenting." He also says that "Patiraj Chowkidar went the