DISTRICT AND SESSIONS JUDGE Vs. YOGINDER SHARMA

JUDGEMENT

(1.) THE learned Sessions Judge, Shimla has sent this Reference to this Court with a request by him for a consideration by this Court of the issue as to whether the sentence inflicted upon the respondent accused deserves to be enhanced or not. This Reference is contained in para (41) of the judgment in Criminal Appeal No. 41 S/10 of 2006 decided by him on 14th December, 2006. Para (41) for ready reference is reproduced herein below, which reads thus:

(2.) THE learned Sessions Judge was hearing a criminal appeal filed by the respondent accused against his conviction by the trial Magistrate under Sections 279,337 and 304 A of the Indian Penal Code. The respondent accused upon and after such conviction was sentenced to pay a fine of Rs. 500/ on each of the aforesaid counts. The learned Sessions Judge while rejecting and dismissing the aforesaid appeal filed by the respondent accused against his conviction and upholding the conviction found that the sentence imposed by the trial Magistrate was grossly inadequate and, as noticed in para 41 (supra), being of the view that he, not having the power and jurisdiction to himself enhance the sentence, made the aforesaid Reference to this Court for the aforesaid purpose.

(3.) UNDOUBTEDLY appeal against his conviction was filed by the respondent accused before the learned Sessions Judge under Sub section (3) of Section 374 of the Code of Criminal Procedure. Section 374 reads thus: