Madhya Pradesh Court May 1955 Judgments

State Vs. Kishan

Court: Madhya Pradesh

Reported in: 1955CriLJ1504

ORDERNevaskar, J.1. This is a reference by the Sub-Divisional Magistrate, First Class, Mhow Under Section 432, Criminal P. C, and involves a question whether the Harijan Ayogyata Niwaran Sanshodhan Vidham, Samvat 2007, No. 63 of 1950 which received the assent of H. H. the Raj Pramukh on 17-5-1950 is a good law.2. The question arose in connection with prosecution of accused Kishan, a barber and another accused Ramnath Under Section 4 and 5 read with S. & of the Act aforesaid. Accused Kishan. is said have refused his services as a barber though complainant Chenya, a Balai Harijan, was prepared to pay-reasonable charges for the same. Accused Ram-nath is said to have poured out vulgar abuses upon the complainant for his being a member of lower order.3. On these facts both the accused are being prosecuted and tried. At the close of the trial at the stage of argument question arose whether the Amended Act referred to above can be looked into1 in this case if the question of passing a sentenc...