1. This is a reference made by the District Magistrate of Palghat pointing out the illegality committed by the Second Class Magistrate at the station, in awarding the sentence to the accused in C. C. No. 1462/1958. who was tried and convicted for the offence under S.325 I. P. C. After finding the accused guilty of the offence under that section, the learned Magistrate awarded only a nominal sentence of fine of Rs. 30/- with the direction that in default of payment of fine, the accused should undergo rigorous imprisonment for a period of 30 days. The learned District Magistrate points out that the failure of the Second Class Magistrate to award a substantive sentence of imprisonment is a flagrant violation of the mandatory provision contained in S.325 of the Penal Code and that the illegality committed by the Magistrate requires rectification.

2. In view of the clear and convincing evidence adduced by the prosecution, it cannot be said that the learned Magistrate went wrong in reaching the conclusion that the accused is. guilty of the offence charged against him.

The accused is seen to have caused a series of injuries on Pw.1 by beating him with a stick on the head and on