Court : Jammu and Kashmir
Reported in : 1961CriLJ87
ORDERK.V. Gopalakrishnan Nair, J.1. These are two references by the Addl. Sessions Judge at Jammu in the following circumstances. The first class Magistrate ' at Reasi issued summons for attendance of two witnesses to give evidence in a criminal case pending before him. The witnesses did not attend the court in spite of receipt of summons, The Magistrate, therefore, issued notice to them to show cause why they should not be punished for disobedience of the summons. Thereupon the witnesses appeared before him and asked to be excused. The Magistrate, however, fined such of them to Rs. 5/-.2. In his order the Magistrate has chosen to use the expression that 'they are sentenced to a fine of Rs. 5/-.' The persons on whom this sentence was imposed in this summary and somewhat extraordinary manner moved the Addl, Sessions Judge at Jammu in revision. The Addl. Sessions Judge has expressed the view that the conviction and the sentences are illegal and must be quashed and with this recommendatio...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1961CriLJ229
K.V. Gopalakrishnan Nair, J.1. Rasila and Kanshi were convicted by the Sessions Judge at Jammu under Section 302 of the Penal Code and sentenced to life imprisonment. The Sessions Judge has referred the case to this Court for confirmation of the sentence as required by Section 374 of the Cr. P.C. as it obtains in this State. And the accused persons have preferred the present appeal against their conviction and sentence.2. The case for the prosecution is briefly as follows. On 15th July, 1960 Sunder deceased who was a cultivator left his house with the necessary cattle for ploughing his field which was in the neighbourhood of Dudar Nalla in village Hartarian, Tehsil Udhampur. As usual, he came home for his mid-day meal and again went to the field to continue ploughing operations there. Ordinarily, he used to return home by sunset.That day he did not turn up. What is more, one bullock which he had taken for ploughing returned home unled by anybody. This aroused some suspicion in the mind...
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