( 1 ) IN view of what has been stated above the learned Magistrate rightly held that the respondent-accused was guilty for commission of an offence punishable under sec. 326 of the Indian Penal Code. But it was rather unfortunate that the learned trial Magistrate awarded only 1 1/2 months R. I. to the accused and for having directed him to pay a fine of Rs. 200. 00 in default to suffer R. I. for 15 days for commission of an offence under sec. 326 I. P. C. The sentence passed by the learned trial Magistrate is manifestly unjust improper and the same has also resulted into miscarriage of justice. It is rather unfortunate that the State did not file an application to this court for enhancement of sentence passed by the learned Magistrate at a proper time. The State also for the reas- ons best known to the State was also satisfied at the patent inadequacy of the sentence passed by the learned Magistrate. The State was only aggrieved by the order passed by the learned Sessions Judge when he gave to the accused the benefit of the Probation of Offenders Act. It is only at that stage that the State has filed an appeal for passing proper sentence on the accused. Under the afo