Chandra Mohon Singh and Others vs Emperor

Sultan Ahmed, J.—This is an application on behalf of the petitioners who were convicted by the Deputy Magistrate under sections 147 and 379, Indian Penal Code, and sentenced to two months'' rigorous imprisonment u/s 147 and to one month''s rigorous imprisonment u/s 379.

On appeal the learned Sessions Judge upheld the convictions under sections 147 and 379, but reduced the sentence u/s 147, Indian Penal Code, from two months'' rigorous imprisonment to a fine of Rs. 25 each; in default three weeks'' rigorous imprisonment each. He upheld the sentence on the accused u/s 379.

The main ground that has been urged in this application is that a separate sentence u/s 379 is illegal. There being no finding in the judgments of the two Courts below as to who were the accused who individually took away the crops and the common object of the unlawful assembly being to commit theft, the separate sentence u/s 379 is undoubtedly illegal. The case reported as Mithoo Singh v. Gopal Lal 3 C.W.N. 761 is a direct authority on the point.

The second point that was urged was that the Magistrate held a local enquiry and did not place the result of that enquiry on the record and as such the accused were prejudiced. This point was not raised before the Court below and has not much force in it.

The result is that I uphold the conviction of the accused u/s 147, and while affirming the sentence of fine of Rs. 25 imposed upon each of the petitioners by the Sessions Judge u/s 147, I quash the sentence of ore month''s rigorous imprisonment inflicted upon them u/s 379, Indian Penal Code. The accused will now be discharged from their bail.