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TMI Blog1982 (11) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... guilty to the charge, the learned Magistrate imposed upon him only a sentence of fine of ₹ 1,000/- even though the offence of which he was convicted was one under Section 304-A of the Penal Code. The High Court, in appeal by the State, acting upon the plea of guilty, maintained the sentence of fine and additionally imposed a substantive sentence of rigorous imprisonment for a period of one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not be reasonable, fair just to act on the plea of guilty for the purpose of enhancing the sentence. The Court of appeal or revision should, in such a case, set aside the conviction and sentence of the accused and remand the case to the trial Court so that the accused can, if he so wishes, defend himself against the charge and if he is found guilty, proper sentence can be passed against him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g on behalf of the respondent wanted to file an affidavit in reply to the special leave petition but we thought it unnecessary to grant any further time to the respondent to file such affidavit because we are disposing of the appeal on a pure question of law which does not depend on the facts of the case. Since we are remanding the case to the Court of the Judicial Magistrate, we direct that the b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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