CHAJJU Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of Chajju and four others, who were convicted in the Court of a Magistrate on charges under Secs.147 and 323 of the Indian Indian Penal Code. Under the former section each of the accused was sentenced to two months rigorous imprisonment and Under the latter each of them was given one month's rigorous imprisonment; the sentences were to run consecutively.

(2.) In addition to these punishments the Magistrate ordered each of the accused to be bound over under Section 106 of the Criminal P. C. to keep the peace. In appeal the Sessions Judge set aside the convictions and sentences under Section 147, but maintained the convictions and sentences under Section 323 of the Indian Penal Code. He also maintained the order for security under Section 106.

(3.) The first point raided here in revision is that there was an order of acquittal which was a bar to the trial by the Magistrate who convicted the accused. In order to understand the nature of this plea, it is necessary to set out certain fasts. The case against the accused was instituted in the Court of a Magistrate, Rai Sahib Ratan Chand. This gentleman look the prosecution evidence and framed a charge against the accused, but before he could take the defence evidence he Was transferred. The case was then made over to his successor, Mr. Chimman Lal. It is apparent from the record that when this latter gentleman took up the case, an application was made to him by the accused under the provision of Section 350, Sub-section 1, proviso (a) of the Criminal P. C.. The accused demanded that the witnesses might be re-summoned and reheard and the Magistrate passed an order directing that this should be done.