LALU JELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a criminal appeal by five persons who were convicted after a single trial by the Sessions Judge of Panch Mahals. Two other persons convicted at the same trial have filed separate appeals. When the appeal came up for admission some difficulties presented themselves. One of them arises out of section 421 Cri. Pro. Code which reads as under:

(2.) As the appeal by the five convicted persons was filed as one appeal the question is whether under section 421 Cri. Pro. Code a part of the appeal namely that relating to one of the convicted persons or the appeals of some of the convicted persons can be dismissed summarily under section 421 To dismiss the appeals of one or some of the convicted persons summarily is not provided for or contemplated in section 421.

(3.) When one appeal has been filed either that appeal has to be dismissed summarily or that appeal has to be heard on the merits and decided. When one appeal has been filed to dismiss part of it summarily while deciding to hear the remaining part of it on merits would be to do violence to section 421 and to treat one appeal in fact as several appeals. The difficulty presented by section 421 would not be there if every convicted person has to file a separate appeal. A similar difficult arises out of section 431 Cri. Pro. Code which reads as follows: