EMPEROR Vs. FARATULLA MANDAL

JUDGEMENT

(1.) This case comes before us on a Reference made by the learned Sessions Judge of Rajshahi under the provisions of Section 307 of the Criminal Procedure Code. Five persons were placed on trial before him on charges of rioting and of culpable homicide during the course of the riot. The jury were unanimous in finding all the accused not guilty. The learned Sessions Judge felt unable to accept that verdict and he has accordingly made this Reference to us.

(2.) The occurrence is said to have taken place on Christmas day last year. There was what is called a baitch held in a large heel and the story is that the unfortunate man Bako ran his donga into some nets belonging to two of the accused, Faratulla and Asmatulla. This excited their rage and they and their friends chased Bako, caught him when he landed and inflicted numerous blows upon him from one of which be died as it fractured his skull. That is the story.

(3.) The evidence adduced before the Judge consisted entirely of oral evidence, and, as I read the learned Judge's charge the general tone of it was to east doubt on the sufficiency of the evidence. However, on receiving the verdict of not guilty, the learned Judge has thought fit to make this Reference.