RAMDAS Vs. STATE

JUDGEMENT

(1.) The applicants were convicted and sentenced by the Magistrate First Class Dabra of an offence under Section 379 IPC to pay a fine of Rs. 50/- each, or in default of payment of fine to undergo simple imprisonment for one month. A revision preferred by the Petitioners against their conviction and sentence in the Court of Sessions at Datia having been dismissed, they have now come up in revision before this Court.

(2.) The undisputed facts of this case, which are material for the decision of this revision petition, are that the case started on a private complaint under Section 379 IPC. It was tried summarily, the prosecution witnesses were examined and cross-examined and the plea of the accused was recorded. The Magistrate did not thereafter require the accused to state whether they wished to cross-examine any of the prosecution witnesses, whose evidence had already been recorded.

(3.) The proceedings of the trial Court dated the 5th of July, 1961 merely state that the accused were examined under Section 379 IPC, that they were called upon to enter defence and that they did not produce any. The case was reserved on that day for judgment and the accused were convicted and sentenced already stated above.