STATE Vs. RAGHUNATH

JUDGEMENT

(1.) THESE are two appeals Nos. 57 of 1950 and 79 of Samwat 2005 by the state against the order of the learned Extra Magistrate and Sessions Judge, Dist. Jaipur respectively acquitting the accused of the offence under sec. 20 (2) of the Criminal Tribes Act. Since the point arising in them is common, this judgment will dispose of both the appeals.

(2.) IN appeal No. 79 the learned Sessions Judge has acquitted the accused holding that the Criminal Tribes Act was only a police and judicial department Notification and had not been promulgated by or with the assent of His Highness the Maharaja Sahib Bahadur as was necessary according to the definition of "act" in sec. 3 of the Jaipur General Clauses Act. The Act was accordingly held to be ultra vires and the conviction and sentence awarded to the accused by the learned Magistrate of the trial court were set aside. IN appeal No. 57, which arises from a different case, the Extra Magistrate has acquit-ted the accused following the above view of the Sessions Judge.