BHAGWANGIRI Vs. STATE

JUDGEMENT

(1.) BOTH the above mentioned appeals are directed against the judgment of the learned Sessions Judge, Pali, dated 17th of January, 1955, and, therefore, they are disposed of together. BOTH the appellants Bhagwangiri and Bhera have been convicted under sec. 411/75 I. P. C. on two different counts. They have been sentenced to rigorous imprisonment for four years on each count. The sentences have, however, been ordered to run concurrently.

(2.) APPELLANT Bhagwangiri is represented by his counsel Shri Abdul Jalil. The main argument raised by him is that the appellants' trial on the charge of previous conviction is illegal and therefore they should not have been sentenced to enhanced punishment. It is urged that the charge under sec. 75 should have been framed after the appellants' conviction for the subsequent offence. It is further contended that the opinion of the assessors should have been invited on the charge of previous conviction and since it was not done, the trial is vitiated. Lastly it has been urged that even if the trial be held regular, the previous conviction of the appellants was not proved according to law. It would be proper to discuss all the three objections in seriatim.