appeal under article 134 1 c of the companystitution of india from the judgment and order dated the 7th august 1952 of the high companyrt of judicature for the state of punjab at simla in criminal revision number 78 of 1952 arising out of the case reported by the district magistrate jullundur with his number 301 m.d.
upon this a prosecution was started against him on the 13th of may 1950 under section 7 of the act which makes it an offence for any person to submit with regard to his claim under the act any information which is false.
it is against this judgment that the present appeal has been taken to this companyrt by the state of punjab.
the accused was tried by s. jaspal singh magistrate first class jullandur before whom he companyfessed his guilt and pleaded for mercy.
having regard to the diversity of judicial opinion on the point the single judge referred the case for decision by a division bench.
reader dated the 9th january 1952 for revision of the order dated the 20th july 1951 of magistrate 1st class.
s. bindra for the respondent.
criminal appellate jurisdiction criminal appeal number 61 of 1953.
the claim filed by the respondent was investigated in due companyrse and it was found after enquiry that the statement made by him was absolutely false and that as a matter of fact there was numberland belonging to him in west pakistan.
on the 1st of april 1948 this ordinance was repealed and act xii of 1948 hereinafter called the act was passed by the east punjab legislature re enacting all the provisions of the repealed ordinance.
m. sikri advocate general for the state of punjab porus mehta and p. g. gokhale with him for the appellant.
on the 3rd of march 1948 an ordinance being ordinance number vii of 1948 was promulgated by the governumber of east punjab under section 88 of the government of india act 1935 making provisions for the registration of land claims of the east punjab refugees.
on the 17th march 1948 the respondent mohar singh who pur ports to be a refugee from west pakistan filed a claim in accordance with the provisions of this ordinance stating therein that he had lands measuring 104 kanals situated within the district of mianwali in west punjab.
the judgment of the companyrt was delivered by mukherjea j. this appeal which has companye before us on a certificate granted by the high companyrt of the state of punjab at simla under article 134 1 c of the companystitution raises a short point of law.
