1. The second defendant must clearly be acquitted on the authority of the judgment of this Court in the case of Empress v. Kola Lalang I.L.R. 8 Cal. 214 in which we concur.
2. The first defendant has in our opinion been properly convicted whether under Section 60 or Section 53 is immaterial-see Queen v. Ishan Chunder Shaha 19 W.R. Cr. 34; Empress v. Baney Madhub Shaw I.L.R. 8 Cal. 207 : 10 C.L.R. 389. We would farther observe that for reasons stated by the Sessions Judge himself, he need not have referred the case of this prisoner. A necessity for altering a conviction from one section to another for cognate offences when the accused has not been prejudiced by any such error is no sufficient ground for a reference to the Court of Revision.