MASTAN SINGH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) MASTAN Singh and his son Gurdial Singh were convicted by the trial Magistrate under Section 447, I.P.C. and sentenced to two months' R.I. each. That order has been maintained by the learned Sessions Judge Sangrur, on appeal. It is urged in this revision that there has been a double defect in the trial of this case. Section 447, I.P.C. is a summons case and the learned Counsel for the State does not dispute that it was tried as a summons case, but neither the provisions of Section 242 nor those of Section 244 or Section 342, Code of Criminal Procedure were complied with. The procedure relating to the trial of summons cases is given in Chapter XX and the first step to be taken by a Magistrate on appearance of the accused before him is specified in Section 242, Code of Criminal Procedure That section enjoins that when the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him and he shall be asked if he has any cause to show why he should not be convicted, but it shall not be necessary to frame a formal charge. No charge was framed against the Petitioners and they were not apprised of the particulars of the offence which they were alleged to have committed. They were also not asked if they had any cause to show why they should not be convicted. Section 243 which follows Section 242 can only come into play if the provisions of Section 242 have been complied with. Under Section 243 if the accused admits that he has committed the offence of which he is accused, his admission shall be recorded as nearly as possible in the words used by him and if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.

(2.) I consequently accept the revision, set aside the conviction of the Petitioners and remand the case to the Magistrate 1st Class Sangrur, for retrial in accordance with law. Parties through their counsel have been directed to appear in the Court of the Magistrate 1st Class Sangrur on 8 -9 -1952.