Budhan Choudhry v. State of Bihar, AIR 1955 SC 191 Table Of Contents Case Name- Budhan Choudhry And Other vs The State Of Bihar CITATION- AIR 1955 SC 191 DECIDED ON - 2nd Dec .1954 BENCH- Mahajan, Mehar Chand (Cj), Mukherjea, B.K., Das, Sudhi Ranjan, Bose, Vivian, Bhagwati, N.H. & Jagannadhadas, B. & Aiyyar, T.L.Venkatarama FACTS IN BRIEF The present case involved a challenge to the constitutional validity of Section 30 of the Code of Criminal Procedure, 1898 (Cr.P.C.). It provided that in certain states where there were Deputy Commissioners or Assistant Commissioners, the State Government may, invest the District Magistrate or any Magistrate of the first class, with power to try as a Magistrate all offences not punishable with death. Under Section 34, he can try a case and sentence the convict, except a sentence of death or of transportation for a term exceeding seven years or imprisonment for a term exceeding sev...