GHISULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant was tried by the Sessions Judge, Bastar at Jagdalpur for an offence under Section 394, Indian Penal Code, in Sessions Trial No. 30 of 1973, who vide his judgment dated the 30th April, 1973, has convicted the appellant for the charges under Section 394 read with Section 75 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of seven years.

(2.) IN the light of the view that I am taking of the matter on a preliminary question relating to the validity of the trial, it is not necessary to mention the facts of the case, which would have been necessary for deciding the appeal on merits.

(3.) THE appellant was committed to the Court of Session by the Magistrate First Class, Ranker, on a charge under Section 394, Indian Penal Code, with additional charge under Section 75 of the Indian Penal Code, stating that the appellant was previously convicted for an offence punishable under Sections 457 and 380 of the Indian Penal Code. On being committed, the trial Court read over and explained the aforesaid charge to the appellant on 27-4-1973, to which the appellant pleaded not guilty and claimed to be tried. During the course of the trial, when the Investigating Officer, Laxmanrao (P. W. 6) was examined he gave evidence on the basis of the register of the convicted persons that the appellant was convicted previously on four occasions for the offences under Sections 457 and 380, Indian Penal Code and sentenced to three months and six months imprisonments (three months for each of the two cases and six months for each of the other two cases ). After the close of the prosecution evidence, when the statement of the appellant was recorded under Section 342 of the Code of Criminal Procedure, 1898 (hereinafter referred to as 'the Code') which was then in force and which shall govern the present case, he was questioned about his previous convictions (see question No. 3), to which he replied in affirmative.