SHRAVANLAL UDAYAJIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ACCUSED Shravanlal son of Udayajit of Mandsaur, who was employed as a constable No. 113 in the D.R.P. Lines, Mandsaur was found guilty under Section 27 of the Madhya Bharat Polico Act by the Additional District Magistrate, who sentenced him to a fine of Rs. 51 and in default to undergo simple imprisonment for fifteen days. The trial held by him was summary.

(2.) ON a petition for revision preferred by the accused the learned Additional Sessions Judge, Mandsaur, submitted a report under Section 438 of the Code of Criminal Procedure code to this Court for setting aside his conviction and the sentence imposed upon him.

(3.) THE accused denied the charge and asserted that he was not absent from the lines either on 28 -1 -1957 when line officer Shamsunder checked the lines or on subsequent days till 5 -2 -1957 and asserted that he was throughout present in the lines during this period. According to him a false report had been registered against him maliciously as he had complained against the line officer Shri Sham -sunder and Head Constable Sunderlal for their conduct in unduly effecting search of his Almirah and had sought sanction to prosecute them.