KEDAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these appeals the main question in controversy is whether Ss. 124A and 505 of the Indian Penal Code have become void in view of the provisions of Art. 19(1)(a) of the Constitution. The constitutionality of the provisions of S. 124A, which was mainly canvassed before us, is common to all the appeals, the facts of which may shortly be stated separately.

(2.) In Criminal Appeal 169 of 1957, the appellant is one Kedar Nath Singh, who was prosecuted before a Magistrate, 1st Class, at Begusarai, in the district of Monghyr, in Bihar. He framed the following charges against the accused person, which are set out in extenso in order to bring out the gravamen of the charge against him :

(3.) After recording a substantial volume of oral evidence, the learned trial Magistrate convicted the accused person both under Ss. 124A and 505(b) of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for one year. No separate sentence was passed in respect of the conviction under the latter section.