P.B.Mukharji. J. - (1.) This is a Jury Reference by the Assistant Sessions Judge of 24 Parganas. There were five accused (1) Sk. Alimuddin, (2) Sk. Rustam, (3) Abdul Rashid, (4) Pato Bibi and (5) (sic) Bibi. The charge a against each was under Section 360 read with Section 120-B of the Indian Penal Code. The Jury returned a unanimous verdict of guilty against (1) Alimuddin and (2) Rustom. They returned a unanimous verdict of not guilty against the other three (1) Abdul Rashid (2) Pato Bibi and (3) Goljan Bibi.
(2.) The learned Judge disagreed with some of these verdicts. According to the Judge's opinion both Alimuddin and Pato Bibi were guilty under Section 366 and accused Abdul Rashid and Sk. Rustom under Section 366/120B of the Indian Penal Code wine Goljan Bibi was not guilty under any of these sections.
(3.) In the letter of reference he begins by saying that "I am unable to agree with the unanimous verdict of the jury in so far as two of the accused persons are concerned and consider it necessary for the ends of justice to submit the case in respect of them to the Hon'ble Court.";