JUDGMENT 1. This is a reference by the Sessions Judge of Patna, recommending that the convictions and sentences in this case should be set aside and a new trial ordered. The accused consist of seven persons, who have been convicted under sec. 143 of the Indian Penal Code. Two of these persons have been sentenced to 20 days' rigorous imprisonment, each of four others to pay a fine of Rs. 20; while the remaining accused has been directed to execute a bond under sec. 562 of the Code of Criminal Procedure. It appears that in the course of the trial the accused were anxious to produce witnesses. There were many witnesses present on their behalf, and at midday when the Court, which apparently was holding a morning sitting, should have closed, the counsel for the accused wished to have an adjournment, so as to examine those witnesses who were in attendance. But the Deputy Magistrate would not give any adjournment and said that he was prepared to sit all through the night, if necessary; and he refused to fix another day. One reason which he had for not allowing the witnesses to be examined was that the list of witnesses for the defence had not been given in. 2. We think, on the whole, that the grounds on which the Deputy Magistrate refused to grant an adjournment in this case are wrong. We therefore set aside the convictions and sentences of the accused persons and direct that they be retried. The Deputy Magistrate must give them an opportunity to examine such witnesses as they may wish to produce on their behalf. The fines, if paid, will be refunded.