JUDGMENT 1. On the authority of the two cases cited Gul Mahomed Sircar v. Ckeharu Mandal 10 C.W.N. 53: 3 Cr. L.J. 141; Johan v. King-Emperor 10 C.W.N. 520: 2 C.L.J. 618: 3 Cr. L.J. 111 we hold that the charge in this case is bad. The only question is whether we should send back the case for re-trial. We think, in the circumstances it would be highly unprofitable to do so, and specially having regard to the evidence brought to our notice and to the statement elicited from Girish Chunder Ghosh in re-examination. 2. The result is that we set aside the conviction and sentence, and order that the fine be refunded if already paid.