Haro Nath Malo Complainant v. Sonai Mia Chowdhury And Ors. Accused.

The Judgment of the Court was as follows:—

We must accept the Reference for the reasons given by the learned Sessions Judge. The omission to comply with the provisions of secs. 342 and 360, Cr. P.C is an illegality which is not curable by the provisions of sec. 537. The finding and sentence must therefore be set aside. In the circumstances of the case we do not think any retrial is called for and the three accused persons, Ala Box, Shaik Bolai and Sonai Mia Chowdhury are therefore acquitted.

J.N.R

Reference accepted;

Conviction set aside.