Guwahati Court November 1956 Judgments

Nemkhoting and ors. Vs. KamkhogIn of Mata Village

Court: Guwahati

Datta, J.C.1. This is a reference under Section 438, Cr. P. C. made by the learned Sessions Judge, Manipur, recommending that the conviction and sentences passed on the four petitioners before him under Section 323, I.P.C., by the S.D.M., Churachandpur, ought to be set aside.2. I am afraid the reference must be accepted as the procedure followed by the learned Magistrate is full of illegalities. The learned Government Advocate also conceded the same.3. The illegalities have been discussed at length in the reference of the learned Sessions Judge, and it will be enough to point out only a few for the purpose of this order. The learned Magistrate wrongly proceeded to try the case as a summons case, and even though the accused had pleaded not guilty, he proceeded to judgment with-it out hearing the witnesses that the parties might have produced if a chance for the same had been given. The accused were thus denied the opportunity to substantiate their plea, with the result that they were ...