VITHOL POROBO DESSAI Vs. PREMAVATI PORBINA DESSAI

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge under Section 438 of the Code of Criminal Procedure recommending that the conviction and sentence of accused Vithol Porobo Dessai be set aside and the case remanded to the lower Court for proceeding according to law.

(2.) The facts broadly stated are that the accused is alleged to have beaten the complainant Premavati Porbina Dessai with a stick on 6th of January, 1967. The complainant filed a complaint in the Court of learned Magistrate, Quepem on 12th January 1967. The learned Magistrate tried the case summarily and thereafter convicted and sentenced the accused under S. 323 of I.P.C. to pay fine of Rs. 25 or in default to undergo simple imprisonment for 5 days. The accused moved the learned Sessions Judge in revision because of irregularity or illegality committed in this trial. The learned Sessions Judge after hearing the accused made a reference to this Court as stated above.

(3.) The grounds in support of this reference are :