MRITYUNJOY CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This Rule and the connected Reference case arise out of the same criminal proceeding started against five accused persons, three of whom figure in the Rule, and one in the Reference case, the remaining accused having been acquitted by the learned trying Magistrate.

(2.) The offence alleged was under Section 188, Penal Code and, at the initial trial, four of the accused were convicted and sentenced to pay a fine of Rs. 25/- each, or in default, to suffer rigorous imprisonment for three weeks and one was acquitted under Section 245, Criminal P. C.

(3.) There was a motion to the learned Sessions Judge by the four convicted persons under Sections 435 and 436, Criminal P. C. for reference to this Court. But the learned Additional Sessions Judge who finally heard the application has made a Reference only in the case of one of the accused, Pulin Mondal, recommending a fresh trial in his case. This has given rise to the above Reference. The learned Additional Sessions Judge has rejected the prayer for reference in the case of the other three accused persons, convicted by the trying Magistrate, who have thereupon moved this Court and obtained the above Rule.