STATE OF ASSAM Vs. BIR BAHADUR SINGH

JUDGEMENT

(1.) This suo motu revision has been initiated by this Court against the Order dated 9-5-2003 passed by the learned Judicial Magistrate, Darrang, Mongoldoi and the subsequent order passed by the Sessions Judge, Darrang in Criminal Revision 21{D2)/2003.

(2.) We have heard the learned Public Prosecutor, Assam. None has appeared for the respondent although notices were duly served.

(3.) The facts leading to the present revi- sion may be briefly noted :- In CR case No. 233/2002 the trial Court convicted the two accused persons Raja Ram Singh and Madan Singh under Section 447, IPC and sentenced them to pay a fine of Rs. 500/- in default further imprisonment for 15 days. The two accused persons were also convicted under Section 426, IPC and sentenced to pay fine of Rs. 500/- in default further imprisonment for 15 days. Feeling aggrieved, the accused persons preferred Criminal Appeal 10(D-3)/2002 and the appellant Court affirmed the order of conviction and sentence but, however, granted time to the accused persons to deposit the fine on or before 30-11-2002. The two accused persons failed to deposit the fine within time and thereafter warrant of arrest was issued. The accused Raja Ram Singh was arrested on 19-5-2003 and produced before the Court. The other accused Madan Singh also surrendered before the Court and the total fine of Rs. 2,000/- was offered. The trial Court, however, refused to accept the fine and remanded the accused persons to jail custody to undergo the imprisonment. Feeling aggrieved, this two accused persons preferred Criminal Revision 21(D2)/2003 before the learned Sessions Judge, Darrang but the revisional Court summarily rejected the revision upholding the order of the learned Judicial Magistrate. The written complaint was filed by one Gokul Singh before this Registry and the matter was enquired into and the Registry put up a note referring to Section 69, IPC. Hence, the present suo motu revision was initiated.