MEWA LAL Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by the learned Additional Sessions Judge of Pilibhit. Five persons were convicted under Section 323, I.P.C. and four of them were sentenced to pay fines. A boy of the name of Debidin was ordered to be released and made over to a relative on the execution of a bond for his good behaviour. Further the four adult accused were ordered to furnish security under Section 106, Criminal P.C., for a period of one year. The four adult accused applied in revision to the Sessions Judge of Pilibhit an application which resulted in this reference. The effective ground taken in revision was that it having been found that five persons took part in the assault there was a riot, and the Magistrate had no jurisdiction to try the case summarily. It has been repeatedly held that it is not right to minimise an offence, for the Court to shut its eyes to a graver offence which on the facts found by it has been committed, and to refrain from charging the accused with that offence, and by such abstention to justify itself in trying the case summarily. The learned Sessions Judge has referred the case on this amongst other grounds. He has also expressed an opinion that a sentence of imprisonment was called for if the accused were, as they were found to be, guilty. The Magistrate found: The high handed manner in which the accused have triad to take the law into their own hands does not require that a lenient view should be taken. I still would, not send the accused to jail.

(2.) At the retrial which I am going to order the Magistrate will no doubt not allow himself to be prejudiced by the fact that the accused have already been found guilty by another Court. He will similarly exercise his own judgment as to the appropriate punishment should he arrive at a finding of guilty.

(3.) Before concluding it is necessary to mention another point on which the learned Judge has referred the case since I am not in agreement with him. The trial Magistrate convicting the five persons under Section 323, I.P.C. held: Five men caused serious injuries in a highhanded manner to an old man and their action involved a breach of the peace; there are, as I have already said, old sores that have not healed up; there is the Section 498 affair still fresh and the accused have shown a spirit of intolerance. I am of opinion that it is necessary to bind the accused to keep the peace.