Chopra, J. - (1.) IN this case the Respondent Malkiat Singh was convicted by Magistrate I Class, Sangrur (with enhanced powers under Section 30, Code of Criminal Procedure) under Sections 220 and 342, IPC and was released under Section 562, Code of Criminal Procedure on probation of good conduct on -entering into a bond of Rs. 1000/ - with one surety for one year. The order was maintained by Sessions Judge, Sangrur, in revision by Sita Ram complainant. Sita Ram now comes in revision to this Court.
(2.) WHEN this revision was admitted Malklat Singh Respondent was directed "to show cause why he should not be sentenced to imprisonment or fine or both". In response to this notice, Shri Jagan Nath, learned Counsel for the Respondent has taken me through the facts of the case with a view to show that the conviction itself was not justified and is liable to be set aside. His contention is that since a notice has been issued to the Respondent under Section 439(2), Code of Criminal Procedure, the Respondent is entitled "to show cause against his conviction" as well, as provided by Sub -section (6) of the Section. Section 439 (2) says: No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either person ally or by pleader in his own defence. and its Sub -section (6) lays down: Not withstanding anything contained in this section, any convicted person to whom an opportunity has been given under Sub -section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.
(3.) WHERE a notice for enhancement of seethe is issued the accused is entitled to show cause against his conviction by attacking' the findings of facts in the same manner and to the same extent in which he could have done if he had appealed against his conviction. But Sub -section (6) is confined to a particular notice issued to the accused under Sub -section (2). It does not apply to every kind of notice under Sub -section (2). It presupposes that the accused has not only been convicted but has been sentenced as well, and notice for enhancement of sentence has been issued. Enhancement of sentence presumes that there is a sentence to be enhanced.;