RAMA SURAT SINGH Vs. SHIV KUMAR PANDEY

JUDGEMENT

(1.) BY his order dated 9-5-1969, Katju, J. referred three questions to a larger Bench, arising in a contempt case. This is how the matter has come up before us.

(2.) THE facts of the case are quite simple. The applicant, Ram Surat Singh, was posted as Tahsildar-Magistrate, 2nd Class at Kadipur, district Sultanpur between the 1st of February, 1964, and the 6th of June, 1965. He retired from service on 30-6-1966. During the period of his posting at Kadipur he decided complaint case No. 14 of 1964 Ram Samujh Pandey v. Ram Nawal Pandey, in which the accused was convicted under Section 323, I. P. C. and was sentenced to two months' R. I. , on 8-1-1965. The accused preferred an appeal which was dismissed by the Sessions Judge on 5-7-1965- Ram Nawal then filed a criminal revision' before the Lucknow Bench of this Court which was dismissed on 14-7-1967, but the sentence of two months' R. I. was reduced to the period already undergone. The applicant also decided another complaint case No. 150 of 1964 Ram Surat v. Ram Pratap Singh and Ram Lakhan Singh under Section 323, I. P. C. and Section 24 of the Cattle Trespass Act. By his judgment and order dated 14-12-1964 the applicant convicted both the accused and sentenced each of them to pay a fine of Rs. 50 and in default to undergo fifteen days' simple imprisonment. The convicted persons went up in appeal which was dismissed by the Sessions Judge on 313-1965.

(3.) THE applicant further decided mutation case No. 60 of 1959 Beni Madho and others v. Sheo Harakh on 24-7-1964 in which it was ordered that the name of Ram Ujagar should be mutated in place of the deceased, Sheo Harakh. Appeal No. 11 of 1964 was preferred by Smt. Rampati which was dismissed by the Additional Collector Sultanpur.