JUDGMENT

Moti Sagar, J. - This is an application for revision of an appellate order passed by the Sessions Judge of Amritsar, dated the 17th of January, 1924. The petitioner, Jaswant Singh who is a jeweller, has been found guilty of an offence under Section 186 of the Indian Penal Code, and sentenced to pay a fine of Rs. 200 by the trial Magistrate. On appeal his conviction has been upheld, but the learned Sessions Judge has also found that the sentence awarded is inadequate and that it should be enhanced to three months' rigorous imprisonment and a fine of Rs. 500. He has accordingly referred the case to this Court under Section 438 of the Code of Criminal Procedure with the recommendation that the sentence be enhanced as above indicated. The application for revision and the reference will both be disposed of by one judgments The facts are fully stated in the judgment of the learned Sessions Judge and need not be repeated here at length. Briefly stated, they are as follows:

On the 10th of May, 1923, one Ballia, a chowkidar, was stabbed early in the morning by Some person or persons unknown in the Taksal Bazaar in Amritsar. A large crowd collected on the spot and removed the injured person to the house of the present petitioner, Jaswant Singh. A report was sent to the Police that a man had been seriously wounded on the head by some person or persons unknown and that an investigation should be started at once. One Ahmad Nawaz Khan, a Sub-Inspector, was deputed to make inquiries, and he reached the spot about 9 A.M. He discovered that the injured person had been removed to the petitioner's house known as the Purani Taksal, and he asked to be allowed to go in and see the injured person. It is alleged that the door of the house was shut from inside and that Jaswant Singh would not allow him to go in saying that he wanted to wait for the arrival of Lala Tirath Ram, an Honorary Magistrate in that llaka. It is stated by the Sub-Inspector that he told Jaswant Singh that it was very necessary for him to examine the injured person and to start investigations without delay, but that in spite of all what he said Jaswant Singh refused to allow the investigation to proceed until the arrival of Lala Tirath Ram. The Sub-Inspector further says that he tried to get into the house but was forcibly prevented by the accused and his companions from doing so. The Sub-Inspector then went to a shop close by and sent a telephonic message to the Deputy Commissioner explaining the situation. The Deputy Commissioner is alleged to have said in reply that the Sub-Inspector should go to Lala Tirath Ram and ask him to speak to him (the Deputy Commissioner) on the phone. Lala Tirath Ram had in the meantime arrived and the message of the Deputy Commissioner was communicated to him. It is alleged that Lala Tirath Ram spoke to the Deputy Commissioner on the phone and told the people who had collected there that they should not obstruct the inquiry and that if they would persist in doing so the Deputy Commissioner would come and arrest them. Lala Tirath Ram and the Sub-Inspector then went into the house and began to record the statement of the injured person. In the meantime the Deputy Commissioner and the Superintendent of Police also arrived. It is alleged that the petitioner, Jaswant Singh, was pushing himself inside, and the Deputy Commissioner ordered that he should be arrested. The First Information Report was lodged by Nur Muhammad, a Constable and Jaswant Singh was challaned under Section 353 of the Indian Penal Code. Only three witnesses were examined on behalf of the prosecution, namely, Ahmad Nawaz Khan, Sub-Inspect-or of Police (P. W. No. 1), Nur Muhammad, Constable (P. W. No. 2) and Ilam Din, another Constable (P. W. No. 3). It was stated by some of the witnesses that the Sub Inspector was assaulted and obstructed in the discharge of his duties, but the Magistrate found that the charge under Section 353 of the Indian Penal Code had not been established