STATE Vs. TRIBENI SHARMA

JUDGEMENT

(1.) These are eight appeals filed by the State against the orders of acquittal which arise out of facts more or less similar and may be disposed of by a common judgment.

(2.) The prosecution case against the respondents was that on the 1st May 1957 they shouted in loud tones in the presence of Sri K. N. Ray, a Magistrate of the 1st Class at Gorakhpur when he was sitting in his court-room. The learned Magistrate took summary proceedings against the respondents under Section 480 Cr. P. C. (hereinafter called the Code) and recorded their statements. He thought that their statements amounted to a plea of guilty, and on that view he sentenced them to a fine of Rs. 30/- each for contempt of his court. In default of payment of fine each of the respondents was sentenced to simple imprisonment for 10 days.

(3.) The respondents went in appeal to the Sessions Judge against their convictions and sentences. District Government Counsel raised a preliminary objection before him against the maintainability of the appeals. It was urged that, in view of the provisions of Section 486(2) read with Section 413 of the Code, no appeal lay inasmuch as the sentence of fine was below Rs. 50/-. The learned Sessions Judge overruled this objection. He also held that the record of the case did not disclose the nature and the stage of the judicial proceedings which the learned Magistrate was conducting when he was interrupted by the respondents, and that he had failed to observe the mandatory provision of Section 481 (2) of the Code. Accordingly he allowed the appeals and acquitted the respondents.