BANI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) -The short question that we are called upon to decide in this appeal is whether the High Court at Allahabad was justified in dismissing the appeal filed by the accused-appellants against the order of conviction and sentence issued by the trial Court, for non-prosecution.

(2.) The facts relevant for our consideration can be briefly stated. On 13-6-1979, the VII Addl. Sessions Judge, Bulandshahar, recorded an order convicting the appellants under Ss.366 and 368 of the IPC and sentenced them to rigorous imprisonment for three years with a fine of Rs.100/- each. The appellants filed an appeal against this order in the High Court of Allahabad. On 18-6-1979, the appeal was admitted by the High Court and notice was issued. The High Court also issued an interim stay on the execution of the sentence and the realization of fine while granting bail to the appellants. On 28-11-1990, the matter came up for hearing before the High Court. While dismissing the appeal for non-prosecution, the Court recorded the following order:

(3.) At this juncture, it would be pertinent to make a brief reference to the relevant provisions of law having a bearing on this case. Chapter XXIX of the Code of Criminal Procedure, 1973 (hereinafter called 'Code') comprising Ss.372-394 deals with 'Appeals'. For the purpose of our examination, the relevant provisions are Ss.384-386. Section 384, which deals with summary dismissal of appeals, enables the Appellate Court to summarily dismiss an appeal "if upon examining the petition of appeal and copy of the judgment received", it "considers that there is no sufficient ground for interfering". Section