S.P.Singh, J.

1. The petitioner, Jihachh Shah, of village Deorh, police station Phulparas, district Darhhanga, has come up in revision against the order dated the 30th September, 1961, passed by the Additional Sessions fudge of Darbhanga, dismissing the appeal of the petitioner against his conviction and sentence under Sec.178, I P. C, passed by the Munslf Magistrate, First Class. Madhubani.

2. It appears that the petitioner was an accused in a case under Sec.323, I. P. C. pending in the Court of the Munsif Magistrate, Madhtibani. After the close of the prosecution case and his examination under Sec.342, Cr, P. C., he filed a petition in writing on 11-1-61 before the Magistrate for his examination as a defence witnessn order to prove certain facts and documents. His grayer was allowed and he was examined in chief on that date. On the following day, i.e., on 12-1-61 he refused to come to the witness box and take oath and offer himself for cross examination. He disobeyed the order of the Court in this regard and in consequence thereof the learned Magistrate proceeded against him for the commission of an offence under Sec.178, I. P. C. He convicted and sentenced him to pay a f