COURT ON ITS OWN MOTION IN RE: DISTRICT AND SESSIONS JUDGE, SHIMLA Vs. YOGINDER SHARMA

JUDGEMENT

(1.) The learned Sessions Judge, Shimla has sent this Reference to this Court with a request by him for a consideration by this Court of the issue as to whether the sentence inflicted upon the respondent-accused deserves to be enhanced or not. This Reference is contained in para (41) of the judgment in Criminal Appeal No. 41-S/10 of 2006 decided by him on 14th Dec., 2006. Para (41) for ready reference is reproduced herein below, which reads thus:

(2.) The learned Sessions Judge was hearing a criminal appeal filed by the respondent-accused against his conviction by the trial Magistrate under Sections 279,337 and 304-A of the Indian Penal Code. The respondent-accused upon and after such conviction was sentenced to pay a fine of Rs. 500.00 on each of the aforesaid counts. The learned Sessions Judge while rejecting and dismissing the aforesaid appeal filed by the respondent-accused against his conviction and upholding the conviction found that the sentence imposed by the trial Magistrate was grossly inadequate and, as noticed in para 41 (supra), being of the view that he, not having the power and jurisdiction to himself enhance the sentence, made the aforesaid Reference to this Court for the aforesaid purpose.

(3.) The question which has arisen for consideration by this Court in this Reference is as to whether the learned Sessions Judge himself had or did not have the power and jurisdiction to enhance the sentence and whether this Court alone has such power and in either of the aforesaid eventualities under which provision of law is such power and jurisdiction exercisable, either by the learned Sessions Judge or by this Court, or by both.