(1.) THIS is a rule against an order of conviction under a. 297, Penal Code, The petitioners are father and son. The father was sentenced to rigorous imprisonment for one day and to pay a fine of Bs. 100. The son was sentenced to be detained till the rising of the Court.
(2.) WE should here point out that the learned Magistrate apparently was under the impression that rigorous imprisonment for one day and detention till the rising of the Court were different punishments, and there has been some trouble in the lower Court because the learned Magistrate wished to insist on sending the accused to jail. We should point out that in the case of imprisonment for one day, as the day on which the sentence is passed counts as one day, the accused could not be detained in jail on a warrant issued: for such a period. In other words, there should be no further trouble on this point. The accused must be taken to have suffered this imprisonment.