LAL CHAND Vs. EMPEROR

JUDGEMENT

(1.) This is a revision by Lal Chand against the order of Mr. Brij Nandan Lal Temporary Civil and Sessions Judge, Muttra, dismissing the appeal or revision of the applicant from his conviction by a Magistrate of the first class on a summary, trial under Rule 81(4), Defence of India Rule.

(2.) The applicant had filed an appeal in the Sessions Court, but the learned Sessions Judge has treated it as a revision.

(3.) The contention on behalf of the applicant before me is that in view of the fact that the applicant was sentenced to a fine of Rs. 200 and gur worth Rs. 1000 had been forfeited, he had a right of appeal and his appeal should have been heard as such by the learned Sessions Judge. I agree with this contention of the learned Counsel for the applicant and shall give my reasons below.