Bhola Singh vs Emperor

The only point urged before us in this application is that the change made in the sentence by the learned District Magistrate is not in accordance with law. The petitioner was convicted u/s 429, Serial Code, by the Deputy Magistrate of Sasaram and sentenced to rigorous imprisonment for two months and to a fine of Rs. 50 or in default one month''s rigorous imprisonment. On appeal the learned District Magistrate has changed the sentence to, one of one month''s rigorous imprisonment and a fine of Rs. 200 or in default to two months'' rigorous imprisonment. On the authority of the case of King-Emperor v. Sagwa 23 A. 497 : (1901) A.W.N. 176 this latter sentence amounts to an enhancement of the sentence passed by the Trial Court, for supposing the fine is not paid the petitioner would have to undergo three months rigorous imprisonment and still be liable to the fine. To regularise this sentence the imprisonment in default of payment of fine of Rs. 200 will be reduced to rigorous imprisonment for one month in default.