BHEDU TATMA Vs. HARI JHA

JUDGEMENT

(1.) This is a reference made by the Sessions Judge of Purnea under the provisions of Section 438 of the Code of Criminal Procedure. The circumstances are these; One Hari Jha had filed a petition of complaint in the court of the Subdivi-sionai Magistrate of Araria against eleven persons charging them of having committed offences punishable under Sections 148, 324 and 323 of the Indian Penal Code. The accused were tried on these charges, and four of them were convicted under Sections 148 and 323 of the Indian Penal Code by a magistrate of Araria. The magistrate passed sentence of one year's rigorous imprisonment each under Section 148, Indian Penal Code, and a sentence of fine of Rs. 60/- each under Section 323, Indian Penal Code, with the direction, that in default of payment of the fine the convicted men shall suffer rigorous imprisonment for two months each. The further direction was that the sentence of imprisonment under Section 148, Indian Penal Code, and the sentence of imprisonment in default of payment of the fine imposed under Section 323, Indian Penal Code,. shall run concurrently.

(2.) The convicted men appealed to the court of session. The learned Sessions Judge altered the conviction from Section 148, Indian Penal Code, to one under Section 147, Indian Penal Code, and reduced the sentence to six months' rigorous imprisonment. The sentence of fine as also the sentence of imprisonment in default of payment of the fine passed under Section 323, Indian Penal Code, was upheld. The learned Sessions Judge also gave the direction that the sentence of imprisonment under Section 147, Indian Penal Code, and the sentence of imprisonment in default of payment of the fine passed under Section 323, Indian Penal Code, shall run concurrently as ordered by the trial magistrate.

(3.) An application in revision was then filed in this Court as against the judgment and order passed by the learned Sessions Judge. This application was summarily dismissed by a learned, Single Judge of this Court. This was in Criminal Rev. No. 343 of 1957 (Pat) (A).