CHANDRABIR SINGH Vs. SAMRESH SINGH

JUDGEMENT

(1.) Chandrabir Singh applicant filed a complaint against Kumar Singh and his son Samresh Singh, who are his Ziledars and general agents, charging them with embezzlement of certain monies. Kumar Singh was acquitted by the trial Court; and an application in revision against his acquittal was dismissed by the Additional Sessions Judge of Bahraich. There has been no farther application against him.

(2.) Samresh Singh was convicted by the learned Magistrate of Bahraich under Section 408, Penal Code and sentenced to rigorous imprisonment for three months and was directed to pay a fine of Rs. 200. He appealed and Chandrabir Singh applied in revision for enhancement of sentence.

(3.) The learned Additional Sessions Judge of Bahraieh dismissed the revision application of Chandrabir Singh and allowed the appeal of Samresh Singh. The findings that the learned Judge gives are very confused and he does not seem to have applied his mind to the real points for determination. In the view which I have taken and the order which I propose to pass I do not wish to enter into the merits of the case, but the judgment certainly does not make clear what the Additional Sessions Judge has actually found. In these circumstances the course which is most desirable is that the ease should be remanded to the Additional Sessions Judge of Bahraich for re-hearing.