STATE OF PUNJAB Vs. BUTA SINGH

JUDGEMENT

(1.) BUTA Singh respondent was tried and convicted under section 409, Indian Penal Code, by Shri M.L. Malhotra, Judicial Magistrate 1st Class, Amritsar, vide order dated 7 4.1981. He was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 1000. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for three months. The appeal filed by Buta Singh against his conviction and sentence was allowed by Shri N.C. Khichi, Additional Sessions Judge, Amritsar. who vide his order dated 31.8.1982 held that Buta Sigh was tried without sanction for prosecution, and, thus, the trial was non est. The order of conviction and sentence passed by the trial court was set aside.

(2.) AGAINST the aforesaid order of acquittal the State has filed the present appeal.

(3.) WE have heard the learned counsel for the parties.