AUSTIN HENRY RUFUS Vs. STATE

JUDGEMENT

(1.) THIS is a revision on behalf of Austin Rufus who has been convicted by the Magistrate under Sections 338 and 279 of the Indian Penal Code and sentenced to six months' rigorous imprisonment under Section 338 and to pay a fine of Rs. 100/ - in default two months' rigorous imprisonment under Section 279, Indian Penal Code.

(2.) THE prosecution case briefly against the applicant is that on 25 -12 -1956 at about 7 -30 A. M. at Margheritabazar, he was driving a jeep No. WGU -926 rashly and negligently so as to endanger human life and fell into a nulla causing some grievous injury to himself and simple injury to Mrs. Chinthia Rufus, wife of his brother. In the jeep, there was the, applicant's brother Alfred Rufus and his two young children. On these facts, the applicant was sent up for trial under Sections 338 and 279, Indian Penal Code.

(3.) IN revision before me, it is contended by the counsel for the applicant that this Court can examine the merits of the case under Section 439, Criminal Procedure Code. There is no bar to this Court examining the merits of the case and finding out for itself whether the charge is supported by any evidence or not. It appears in the present case that no witness was examined in court. The magistrate followed the procedure laid down under Section 251A (3) of the amended Criminal Procedure Code and framed the charge against the applicant. This sub -section provides as follows: