MADHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the Public Prosecutor.

(2.) The petitioners-Madhu and Pappu have been convicted by the Court of Additional Chief Judicial Magistrate No. 1, Chittorgarh for offence under sections 341 and 323/34 IPC. Each of them have been convicted for offence under section 323/34 IPC and sentenced to two months simple imprisonment and to pay a fine of Rs. 200/- each. They have also been convicted for offence under section 325/34 IPC and sentenced to three months simple imprisonment and to pay a fine of Rs. 1,000/- each.

(3.) The learned Additional Sessions Judge No. 11, (sic No. 1) Chittorgarh by judgment dated 4.11.2003 has confirmed the conviction but set aside the order of sentence and remitted the matter to the Trial Court for passing the sentence in accordance with law. In my view, there was no justified reason for the learned Additional Sessions Judge to remand the matter only for hearing on the point of sentence. He himself could have heard and passed an appropriate order in accordance with law.