ARAVINDA Vs. RAVINDRA SINGH AND ANOTHER

JUDGEMENT

(1.) THESE two revisions are by P.W. 1 in C.C. No. 3917 of 1978 on the file of the Fourth Metropolitan Magistrate, Madras. The first respondent is the accused in the said case. The Court below framed a charge under S. 326, I.P.C., and since the accused pleaded not guilty to the said charge, proceeded to take evidence on behalf of the prosecution. P.W.I was examined on the side of the prosecution. Before the other witnesses could be examined, the Court below deemed fit to alter the charge under S. 326 I.P.C, into one under S. 324, I.P.C., and the altered charge was read and explained to the accused. At this stags, the accused filed a petition voluntarily admitting the offence and on the basis of this petition, the COURT below found the accused guilty not only under S. 324, I.P.C. but also under S. 341. I.P.C., for which no charge was either initially framed or subsequently added. Taking into consideration factors pleaded, by the accused, the Court below sentenced him to pay a fine of Rs. 50/ - in default to undergo rigorous imprisonment for two weeks under S. 324. I.P.C., and to a fine of Rs. 25/. -, in default, to undergo rigorous imprisonment for two weeks under S. 341, I.P.C.

(2.) CRIMINAL Revision Case No. 670 of 1979 is preferred pleading for enhancement of the sentence and Criminal Revision Case No. 199 of 1980 has been filed questioning the propriety of altering the charge from one under S. 326, I.P.C, into one under S. 324, I.P.C, and thereby impliedly acquitting the accused of the offence under S. 326, I.P.C.