PRATAP SINGH Vs. GOVINDA

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge of Udaipur.

(2.) ONE Govinda filed a complaint in the Court of Extra-Magistrate Mawli on 18th June 1951 that he had cultivated his field Magriwala situated at village Merta about one bigha and five biswas in area but later on accused Pratap Singh, Prem Singh and Sabla re-cultivated it with the result that the seed sown by the complainant had been wasted. The learned Magistrate started enquiry as if in a warrant case, and examined two witnesses! on the 22nd September 1951 and one witness on the 3rd October 1951. He then examined the accused but did not frame a charge nor allowed further cross-examination. He recorded evidence for the defence and then passed a judgment as if in a summons case under sec. 245 Cr. P. C. He acquitted Sabla although he has mentioned the word 'discharge'. He convicted Pratap Singh and Prem Singh and sentenced them to fine of Rs. 11/- each on each of the two counts.