MIR GHULAM HUSSAIN Vs. SK. HAPAN

JUDGEMENT

(1.) THIS is a petition, in revision, against the summary trial and conviction of that petitioner under Section 24 of the Cattle Trespass Act and under Section 323, I.P.C. and the sentences of fine passed on him. for those offences by the Sub -divisional Magistrate of Bhadralt.

(2.) THE main point of law urged by Mr. Rahim for the petitioner is that the substance of the deposition witnesses has not been recorded in the mariner required by Section 264 of the Criminal Procedure Code. He invited my attention to the fact that though the evidence of P.W. 1 was recorded in some detail the learned Sub -divisional Magistrate while recording the evidence, in the examination in chief of P.Ws. 2, 3 and 4 merely noted that the corroborated the evidence of P.W. 1.

(3.) BUT the passing of two separate sentences of fine for the two offences under Section 24 of the Cattle Trespass Act and under Section 323, I.P.C. may not be appropriate in this case, especially as no medical certificate has been filed to prove the nature of the injuries. I therefore modify the order of the lower court as follows: The conviction of the petitioner under Section 24 of the Cattle Trespass Act and the sentence of fine of Rs. 20/ - passed on him for that offence are maintained. In default of payment of fine he shall undergo simple imprisonment for 10 days. His conviction under Section 323 I.P.C. also is maintained but no separate sentence need be passed for that offence and the sentence of line passed on him for that offence is set aside. The order for payment of compensation is also maintained. Subject to this modification in the sentence the revision petition is dismissed.