Mehar Singh, J. - (1.) THE Appellants Ram Chandar and Sat Parkash have been convicted under Section 181, I.P.C., and each has been sentenced to three months' rigorous imprisonment by the order, dated. 14 -7 -1954 of the Special Judge at Kapurthala. They appeal.
(2.) THE Appellants are alleged to have accepted bribe at Bhatinda within the jurisdiction of the Special Judge of Bhatinda Judicial division. The case was taken cognizance of and was being tried by S. Sardari Lal Chopra as Special Judge for Bhatinda division at Faridkot, evidence for the prosecution had been taken and S. Sardari Lal Chopra reverted from the post of the Special Judge to that Additional District Magistrate, and in his place S. Ranjit Singh Sarkaria was posted as Special Judge in Bhatinda division at Faridkot. Subsequently S. Sardari Lal Chopra was appointed as officiating Sessions Judge at Kapurthala and also as Special Judge there. On a reference made by S. Ranjit Singh Sarkaria my Lord the Chief Justice on 19 -5 -1954, transferred this case from the Court of the Special Judge at Faridkot to the file of S. Sardari Lal Chopra, officiating "Sessions Judge, Kapurthala." It was S. Sardari Lal Chopra, who convicted and sentenced the Appellants as above. It is urged by S. Ujagar Singh, the learned Counsel for the Appellants, that the Judge convicting and sentencing the Appellants had no jurisdiction to try the case and the conviction of the Appellants is thus illegal.
(3.) ACCORDING to Section 6, Criminal Law Amend ment Act, 1952 a Special Judge is to be appointed by the State Government for such area or areas as may be specified in the notification to try, among others, an offence under Section 161, I.P.C, and under Section 7(2) of the same Act it is the Special an offence, committed within the area for which he has been appointed. The offence is not tribal by any other Court but that of the Court of the Special Judge for the area. This case was Transferred not to the Court of a Special Judge but to the Court of an officiatinar Sessions Judge at Kapurthala. It is apparent from consideration of Section 6 and 7 of the said. Act that the offence could not be tried by officiating Sessions Judge at Kapurthala. He had no jurisdiction to try the offence. It could only be tried by a Special Judge.;