King-Emperor vs Satya Kinker Ghosh and two ors.

This has come before us on a reference by the District Magistrate recommending that the sentences upon the accused should he enhanced. If an accused pleads guilty, it is open to the Magistrate in his discretion to take further evidence; and if is also open to the Crown to suggest that this may be done. In this particular case having regard to the fact that the prosecution did not ask for the examination of further witnesses than those who were examined before the framing of the charge, that the name of the Head Constable referred to in the reference was not on the list of witnesses and having regard to the record of the evidence of the witnesses who were in fact examined, we do not fuel disposed in the circumstances of this case to accept the recommendation and therefore the sentences will stand.