JAMNALAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Additional Sessions Judge, No. 1, Kota, dated 9.9.87 by which he convicted the accused appellant for offence u/s 325 Penal Code and 120 of Indian Railways Act and Sentenced to undergo one years Rigorous Imprisonment and a fine of Rs. 50.00, in default of payment of fine to further undergo one months Rigorous Imprisonment and six months Rigorous Imprisonment respectively. Both the sentences have been made to run concurrently.

(2.) The accused was committed to the court of Sessions, Kota for standing trial for offences under Sec. 120 Indian Railways Act and Sec. 333 IPC. The case was transferred to the court of Additional Sessions Judge, No. 1 Kota, who framed charges for the aforesaid offences. At trial prosecution examined 7 witnesses in support of its case. Accused examined one witness in defence. After hearing arguments the learned Additional Sessions Judge convicted and sentenced by the appellant as indicated above. Aggrieved by which this appeal is filed.

(3.) A perusal of the judgment shows that the learned Additional Sessions Judge has failed to apply his mind to the provisions of Sec. 354 Cr. P. C. He has narrated the points for determination and the case law cited, but has not discussed either of them properly. It was obligatory upon the learned Judge to have assigned proper reasons for the decision on each of the points framed and thereafter to have looked into provisions of law before he recorded his findings and imposed the sentence,