(1.) The accused in this case has been fined for contempt of Court in a summary proceeding held by the Sessions Judge of Dharwar under Section 490 of the Criminal Procedure Code.
(2.) On an appeal to this Court there was a difference of opinion between Macleod, C. J., and Shah, J., and the appeal has been referred to me for decision.
(3.) The contempt was the offense defined in Section 228 of the Indian Penal Code. The accused was on trial for offenses of riot, mischief by fire and attempt to murder and when opening his defense put in a written statement complaining that he was being tried by a prejudiced Judge.