ABDUL AZIZ Vs. STATE

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge, Pratapgarh, recommending that the conviction of the applicant in this case be set aside and the case be remanded for retrial in accordance with the law.

(2.) Briefly stated the facts of the case are that the applicant entered the house of one Deota Din on the 10th January, 1955, and committed a theft of about Rs. 20/-. Deota Din and his wife were not present in the house but before the applicant couldl ieave the house the wife of Deota Din came back and immediately raised an alarm. The applicant was arrested on the spot and a first information report was immediately written and the applicant was sent to the Police Station together with the report. The case came up for trial before a first class Magistrate who tried the applicant summarily under Section 380, I. P. C., and sentenced him to pay a fine of Rs. 100/- in default rigorous imprisonment for a period of one month. He dictated his order to the readier of the Court who knew typing and then signed it.

(3.) The applicant went up in revision before the Sessions Judge and the Sessions Judge found that the trial court did not comply with the provisions of Section 265 (1), Cr. P. C, which were mandatory and therefore he made this reference. Section 265 (1) reads as follows:--