ALI AKABBAR Vs. KASEM ALI

JUDGEMENT

(1.) This rule has been issued at the instance of the complainant in a case in which the accused has been convicted by the Additional Sessions Judge of Backergunj under Sections 304(ii), 326 and 148, I.P.C. and sentenced to undergo rigorous imprisonment for one year under Section 304(ii), I.P.C. and for six months under Section 148, I.P.C. the sentences to run concurrently, no separate sentence under Section 326, I.P.C., being considered necessary by the learned Judge. The accused had pleaded guilty to the charges and prayed for mercy. The learned Judge in passing the sentence has observed that he had considered the circumstances under which the offences had been committed and also taken into consideration the age of the accused.

(2.) The Crown has not moved in this matter nor has the Crown appeared to back up the application for enhancement though the rule was issued upon the District Magistrate.

(3.) Apart from the reasons which I have set out in full in my judgment in Superintendent and Remembrancer of Legal Affairs, Bengal V/s. Jnanendra Nath , which have led me to hold that in a case like this it is not possible to enhance the sentence unless there has been a regular trial of the case in spite of the accused's plea of guilty. I think the rule should be discharged on the simple ground that the Crown has not supported it. For the view I take I have given my reasons in full in Pramatha Nath V/s. Ganga Charan .