STATE OF KERALA Vs. KRISHNAN KUTTY

JUDGEMENT

(1.) This reference under S.438 CrPC, is by the District Magistrate, Trichur and it raises the question of the interpretation of S.75 of the Penal Code. Learned State Prosecutor appeared in support of the reference and at our request Sri. V. Nagappan Nair kindly appeared as amicus curiae.

(2.) The accused in this case was tried by the Sub Magistrate, Chowghat for offences under S.457 and 380 I.P.C., the case against him being that on 22/06/1964 he broke open into one of the rooms in Guruvayoor Devaswom Sathram and committed theft of a fountain pen and some cash. When charge was framed, read and explained to the accused he pleaded guilty. On his plea, he was convicted but as the accused had previously been convicted for like offences under S.457 and 380 and sentenced to rigorous imprisonment for two months, learned Magistrate framed an additional charge under S.75 I.P.C. to which also the accused pleaded guilty and he was, therefore, sentenced to undergo rigorous imprisonment for 6 months for each of the offences with a direction that the sentences would run concurrently.

(3.) Learned District Magistrate has pointed out that the Sub Magistrate was wrong in making use of the provisions of S.75 I.P.C., and framing the additional charge.