STATE Vs. BANSHI SINGH

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge, Morena, for enhancement of sentence.

(2.) The respondent was produced before the Magistrate First Class Jora for being tried under Section 304A of the Indian Penal Code. The Magistrate examined the accused under Section 251A(5) of the Code of Criminal Procedure 011 8-11958. The accused in his statement denied the allegations made against him. On 11-1-1958 the Magistrate framed a charge which was read out to the accused. Therein is recorded his plea of guilty in these words. "Jurm kiya hai. Mera Pahla apradh hai, chhama chahta hun". The Magistrate thereupon convicted the accused under Section 304A and sentenced him to a fine of Rs. 25/- only.

(3.) The Additional Sessions Judge having found the sentence to be manifestly inadequate recommends that it should be enhanced to a fine of Rs. 100/-.