14. The Division Bench of the Bombay High Court also notice in a decision of the Patna High Court in Kiran Sarkar v. Emperor AIR 1924 Pat. 140 and quoted with approval the following:
In this connexion the attention of the learned Magistrate who heard the appeal is drawn to the observations of this Court in Inatulla Sarkar v. Emperor and Bhola Nath Mullick v. Emperor (1903) 7 CWN 30. The rule is made absolute, the judgment of the Court of Appeal below is set aside and the appeal is ordered to be re-heard and disposed of according to law, either by the Sessions Judge of Khulna or by the Additional Sessions Judge of that District.