Brij Mohan Lall, J. - (1.) THIS is an application in revision by one Raja Ram who has been convicted under Section 161 I.P.C. and sentenced to pay a fine of Rs. 200/ - or in default to undergo three month's simple imprisonment.
(2.) THE merits of the case were discussed by me in detail in my order dated 30th, June 1953 and 1 was of the opinion that there was no force in this revision. But Mr. Darbari brought to my notice a Division Bench ruling reported in Rex. v. Promod Chandra Shekhar., 1949 A.W.R. (H.C.) 454 wherein it was laid down that, if a court failed to inform an accused person charged with an offence punishable under Section 161 I.P.C. of his right to give evidence on oath in disproof of the charge, it committed a grave irregularity which might, in certain circumstances, vitiate the conviction. I referred this question to a Full Bench and the Full Bench has now held that it is not obligatory on a court trying a case under Section 161 I.P.C. to inform the accused that he can appear as a witness for Himself. In view of the decision of the Fall Bench, it is no longer open to the applicant to contend that there was any duty cast on the court to give him any such information and that the omission to perform that supposed duty has prejudiced him.
(3.) IN the circumstances, this revision fails. It is hereby dismissed.;