SITA RAM CHANDU LALL Vs. MALKIAT SINGH

JUDGEMENT

(1.) IN this case the Respondent Malkiat Singh was convicted by Magistrate I Class, Sangrur (with enhanced powers under Section 30, Code of Criminal Procedure) under Sections 220 and 342, IPC and was released under Section 562, Code of Criminal Procedure on probation of good conduct on -entering into a bond of Rs. 1000/ - with one surety for one year. The order was maintained by Sessions Judge, Sangrur, in revision by Sita Ram complainant. Sita Ram now comes in revision to this Court.

(2.) WHEN this revision was admitted Malklat Singh Respondent was directed "to show cause why he should not be sentenced to imprisonment or fine or both". In response to this notice, Shri Jagan Nath, learned Counsel for the Respondent has taken me through the facts of the case with a view to show that the conviction itself was not justified and is liable to be set aside.

(3.) WHERE a notice for enhancement of seethe is issued the accused is entitled to show cause against his conviction by attacking' the findings of facts in the same manner and to the same extent in which he could have done if he had appealed against his conviction. But Sub -section (6) is confined to a particular notice issued to the accused under Sub -section (2).