STATE OF H.P. Vs. RAM SARAN

JUDGEMENT

(1.) This revision was initially filed as an appeal. But as a result of some indication given by a Division Bench on 10 - -1972, the learned Advocate General was granted permission to convert the appeal into revision and that is how this matter has been treated as a revision.

(2.) The respondent Ram Saran was convicted by the Sub -Divisional Magistrate, Theog by his order dated 22 -7 -1971 for the offence of theft punishable under section 380 read with section 75,1. P. C, and was senteced to undergo rigorous imprisonment of one and a half year and to pay a fine of Rs. 100/ - in default of which he was ordered to undergo further rigorous imprisonment of three months. This order of conviction was recorded by the learned Magistrate on the respondents own plea of guilty to the charge which was read over to him for the offence of theft punishable under section 380 read with section 75, I.P.C.

(3.) Against this order of conviction and sentence the respondent Ram Saran filed jail appeal which was registered as criminal jail appeal No. 74 -M/10 of 1971. The appeal was heard by the learned Sessions Judge, Mahasu, who found that during investigation the police had not collected sufficient material and, therefore, the charge framed by the learned Magistrate was not sustainable and hence the respondent s plea of guilty ought not to have been taken into account. The learned Sessions Judge, therefore, accepted the appeal, quashed the order of conviction and sentence passed by the learned Magistrate and 1 discharged" the present respondent by his order, dated 31 -12 - 1971.