BHIKHAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the appellate court judgment dated 25-5-1984 passed by Second Additional Sessions Judge, Samastipur in Criminal Appeal No. 458/28 of 1976/1982 affirming the judgment and order of conviction passed by Shri Bijay Bahadur Singh, Judicial Magistrate 1st Class, Samastipur convicting the petitioner under Section 461 of the Indian Penal Code and sentenced him to undergo R. I. for one month and also under Section 380 of the Indian Penal Code and sentenced him to undergo R. I. for one month but both the sentences were ordered to run concurrently.

(2.) The brief facts giving rise to this case is that a theft of grain worth Rs. 81.80 paise had taken place in between the night 12/13-11-1989 from Katghara at village Baragaon P. S. Hasanpur in the District of Samastipur.

(3.) The only Legal point argued by Shri S. N. P. Sinha, learned counsel appearing on behalf of the petitioner is that the whole trial from beginning to end is vitiated and is void because both the offences for which the petitioner has been convicted are exclusively triable by a Bench of Gram Cutcherry and therefore trial by the regular court is illegal.