Judgement

Appeal (No. 58 of 1926) by special leave from a judgment of the High Court (August 27, 1925) confirming a conviction of the appellant under ss. 466, 109 of the Indian Penal Code by the District Magistrate at Rangoon.

By the sanction of Governor in Council a complaint was filed against the appellant and another person for an offence under s. 120 B read with ss. 466 and 109 of the Indian Penal Code. The case was tried by the District Magistrate at Rangoon. After hearing the evidence for the prosecution he formulated against the accused, in substitution for the charge under s. 120 B, two charges, the one under ss. 466 and 109, and the other under ss. 466 and 116, the latter being a new charge.

The facts of the case and the nature of these charges appear from the judgment of the Judicial Committee.

The appellant was convicted on both charges, and was sentenced on the first of them to two years rigorous imprisonment. No sentence was imposed on the second charge.

The appellant appealed to the High Court on the grounds, among others (1.) that under s. 191 of the Code of Criminal Procedure the magistrate should have informed him that he was entitled to be tried by another Court;