ALAGAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In C.C. No. 996 of 1990 on the file of Judicial Magistrate-IT, Usilampatti, on his admission of guilt, petitioner was convicted under sec. 4(1)(a) of the Tamil Nadu Prohibition Act and sentenced to undergo rigorous imprisonment for two months. Aggrieved petitioner challenged the sustainability of his conviction and consequential sentence in C.A. No. 105 of 1990 before the First Additional Sessions Jude, Madurai. Appellate Court found that documents under sec. 173(8) Cr. P.C. had been furnished to the petitioner and thereafter he volunteered to admit his guilt. In that view, appeal was dismissed. Hence this revision.

(2.) Mr. D. Malaichamy, petitioners counsel contended that the learned magistrate had not satisfied himself about furnishing of records to the petitioner and the case file received from the appellate Court does not contain any acknowledgement for receipt of documents by the petitioner before his admission of guilt was recorded. He also pointed out that though the charge sheet refers to statements of witnesses recorded under Sec. 161 Cr. P.C. such statements are not available in the case file and obviously ii was apparent that such statements had not been forwarded at all, to the Magistrate.

(3.) On these contentions, I have heard Mr. V. Parthiban, learned Advocate representing the Public Prosecutor.