SALIG RAM Vs. EMPEROR

JUDGEMENT

(1.) This is (in application in revision by one Salig Ram who, along with 30 other persons was tried by a Special Magistrate for an offence punishable under Section 395, Indian Penal Code. The offence that formed the subject of charge against the applicant was alleged to have boon committed on 14 August 1942. The trial was by a Special Magistrate in pursuance of the provisions of Section 10 of Ordinance No. 2 of 1942. The learned Magistrate acquitted one of the accused and convicted the remaining 30 accused. He sentenced Salig Ram to two years rigorous imprisonment and to a fine of Rs. 50 and in default of payment of fine he ordered Salig Ram to undergo six months rigorous imprisonment. Salig Ram appealed to the Sessions Judge who dismissed the appeal holding that no appeal lay to him in view of the provisions of Section 13 of the Ordinance. Salig Ram then filed the present application in revision in this Court. The decision of the Magistrate has been assailed by Mr. Pyare Lal Banerji on two grounds. He has firstly contended that the Ordinance is ultra vires the Governor-General. Secondly, he has argued that even if the Ordinance is valid, it cannot apply to offences committed before 20 August 1942--the date on which the Ordinance came into force in this Province. He has also argued that the decision of the Sessions Judge that no appeal lay to him is erroneous.

(2.) All the three Judges constituting the pre. sent Bench are of the opinion that there is no force in the contention that the Ordinance is ultra vires the Governor- General. Two of the Judges constituting the present Bench are further of the opinion that offences committed even before 20 August 1942 can be tried by Special Magistrates under the Ordinance, and that the decision of the Sessions Judge that no appeal lay to him is correct. This application in revision must, therefore, fail and is dismissed. The reasons for the decision will be announced on a later date. Mr. Das, who appears for Salig Ram prayed that a certificate be granted for appeal to the Federal Court in pursuance of the provisions of Section 205, Government of India Act, 1935. Having heard Mr. Pyare Lal Banerji at length on the first question mentioned above we are of the opinion that there is no substance in his argument. We, therefore, consider that no substantial question of law as to the interpretation of the Government of India Act or any Order in Council arises in the present case. Accordingly we refuse to give a certificate as prayed for. [The reasons were then given by their Lordships on 12 November 1942.] Iqbal Ahmad, C. J.

(3.) This is an application in revision by one Salig Ram who, along with 30 other persons, was tried by a Special Magistrate in accordance with the provisions of Ordinance No. 2 of 1942 with respect to an offence punishable under Section 395, Indian Penal Code. The charge against the accused was that they on 14 August 1942, with a mob of about 3000 men attacked the Government Seed Store at Badshahpur in the district of Jaunpur and looted about 600 bags of grain. The Special Magistrate acquitted one of the accused and convicted the rest. He sentenced Salig Ram to two years rigorous imprisonment and to a fine of Rs. 50 and ordered that, in default of payment of fine Salig Ram will undergo a further term of rigorous imprisonment for six months. Salig Ram appealed to the Special Judge who dismissed the appeal on the ground that, in view of the provisions of Section 13 of the Ordinance, no appeal lay against the decision of the Special Magistrate. Salig Ram then preferred the present criminal revision in this Court and it was put for orders before me.