SARSIBALA DAWAN Vs. STATE

JUDGEMENT

(1.) There is a reference, under Section 438 of the Code of Criminal Procedure, hereinafter referred to as the Code By the 1st Additional Sessions Judge. Hazaribagh, recommending that the conviction and sentence passed on Sarsibala Dawan, under Section 32 (wrongly mentioned in the order of the Magistrate as Section 30) of the police Act, 1861, (Act 5 of 1861), which for the sake of brevity will be referred to as the 'the Act', be quashed, on the ground that she herself had not pleaded guilty, but, one Anrupa Chatterjee, another accused, pleaded guilty on her behalf and on her plea she was convicted.

(2.) There is also an application in revision under Sections 435 and 439 of the Code, originally filed on behalf of 53 persons, as their application to the learned Additional Sessions Judge for a reference to this Court had been refused, but it was subsequently withdrawn on behalf of the petitioners 18 to 53, and, a rule was issued and the revisional application admitted only in respect of 17 persons, namely, petitioners 1 to 17, who were the remaining women accused, and, who also pleaded guilty and were similarly convicted under Section 32 of the Act and each sentenced to pay a fine of Rs. 10/-, and, in default to one week's simple imprisonment.

(3.) As both the cases arise out of the same proceeding and some common questions of law arise, they have been heard together and, therefore, this order will govern both of them.