STATE Vs. ABDUL SUKUR

JUDGEMENT

(1.) This is a reference under Section 438 of the Code of Criminal Procedure made by Sri S.N. Bagchi. Additional Sessions Judge, 24-Parganas re- commending that the conviction of the accused Abdul Sukur under Section 448 of the Indian Penal Code may be set aside, the learned judge being of the opinion that no offence has been made out on the prosecution case itself.

(2.) On a charge-sheet submitted by the Police against Abdul Sukur and another under Section 147/448 of the Indian Penal Code Abdul Sukur stood his trial, the other accused person was absconding.

(3.) The charge against Abdul Sukur was as follows :