EMPEROR Vs. GANGAPPA IRAPPA SARWAD

JUDGEMENT

(1.) The accused were charged with the offence of assault under Section 352 of the Indian Indian Penal Code before a Bench of Magistrates of Bijapur. After several hearings the accused Nos. 1 and 2 were convicted under Section 352 and sentenced to pay a fine of Rs. 125. It appears that the trial began before six Magistrates, but one of them withdrew from the trial and took no further part in it. One of the five remaining Magistrates, Mr. Raghoji, was absent during part of the trial. Eventually he with three other Magistrates who had been sitting throughout the trial signed the order convicting the accused, while the fifth Magistrate, Mr. Chunilal, who had also been there throughout, withdrew from sitting in the Court. Two difficulties arise in the construction of the rules for the guidance of the Magistrates which are before us, which were sanctioned by the Government Resolution No. 3447 of 19 May 1916.

(2.) Rule 4 says that " the Bench in session shall ordinarily consist of ten Magistrates, but in order to form a quorum at a trial or inquiry at least three members shall, from the beginning to the end thereof, be present as members of the Bench."

(3.) Rule 5 says : "If for any cause it is found necessary to adjourn the hearing of a case after the evidence has been partly taken, the trial shall either be completed before the Magistrates before whom it was commenced or shall be held afresh before a different set of Magistrates."