JUDGMENT 1. We must accept the reference for the reason given by the learned Sessions Judge The omission to comply with the provisions of Sections 342 and Section 360, Criminal Procedure Code, is an illegality which is not curable by the provisions of Section 537. The rinding 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 A a Bux, Sheikh Bala and Sonai Miah Cnaudhuri are therefore acquitted.