MANGILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were tried before the learned First Additional Sessions Judge, Hoshangabad in Sessions Trial No. 30 of 1985 for offences under Sections 147 and 307 of Indian Penal Code. On trial, they were convicted and sentenced as per the judgment dated 23-1-86 as under :- Rigorous imprisonment for one year each under Section 147 of the Indian Penal Code, rigorous imprisonment for 5 years and fine of Rs. 500/- each, in default of payment of fine, rigorous imprisonment for two months under Section 307 of the Indian Penal Code. Both sentences were directed to run concurrently. The appellant filed Criminal Appeal No. 117 of 1986 in the High Court. On 27-8-93 the appeal came up before D.M. Dharmadhikari, J. It was adjourned since the lawyers at Jabalpur were on strike on that day. Thereafter the matter was listed on 11-10-93. On that day also the lawyers were on strike. Therefore, the appeal was dismissed by the impugned judgment for want of prosecution. On 20-11-93 an application under Section 482 Code of Criminal Procedure was preferred for restoration of the appeal and to decide the same on merits. By an order dated 26-11-93 the said application was dismissed. Hence, the special leave petition.

(3.) The learned counsel for the appellant would urge that the court should not have gone into the question as to what prompted the advocates to go on strike. On the contrary, it should have merely enquired into the facts whether there is justification for the absence of the appellants counsel when the appeal was taken up for hearing. It was also not correct to have commented upon the conduct of the advocate in relation to the strike.