Thakur Singh vs Emperor

Das, J.—The petitioners were tried before a Deputy Magistrate having 2nd Class powers, under sections 143 and 379 of the Indian Penal Code. The learned Deputy Magistrate thought that a severe punishment should he inflicted on the petitioners than what he was entitled to inflict under the Code. In this view he recorded a very full opinion and u/s 349 of the Code of Criminal Procedure he submitted his proceedings to the Sub-Divisional Magistrate to whom he was subordinate. The Sub-Divisional Magistrate in his judgment says only this: "I agree with the findings arrived at by the learned trying Magistrate and convict all the 11 accused persons for being members of an unlawful assembly with the common object of committing theft as stated in the charge." It is argued before me that this is not a judgment at all. I agree with this contention, Section 367 of the Code of Criminal Procedure says what a judgment is, and it is quite clear to me that if the test laid down by section 367 is to be applied, the judgment of the Sub-Divisional Magistrate is not a judgment at all. The matter came up before the Sessions Judge of Gaya. He agreed with the contention that the judgment of the Sub-Divisional Magistrate was not a judgment at all, but he thought that the accused were not prejudiced and he, therefore, refused to interfere. In my opinion the petitioners were entitled to have the independent judgment of the Sub-Divisional Magistrate and I, therefore, remand the case to the Sub-Divisional Magistrate of Aurangabad for disposal according to law. The Sub-Divisional Magistrate will hear the parties before he proceeds to write out a judgment in the case.

The petitioners will remain on the present bail until they furnish fresh bail to the satisfaction of the District Magistrate of Gaya.