(1.) This Criminal Appeal No. 395 of 1961 is filed by five persons, who were original accused Nos. 1, 2, 3, 5 and 25 in Sessions Case No. 28 of 1961 tried by the Sessions Judge, Panch-Mahals. The learned Sessions Judge convicted the five appellants and hence this appeal. The appeal is before us for admission.
(2.) Under Section 410, Criminal Procedure Code, any person convicted on a trial by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court. Section 419, Cri. Pro. Code provides that every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader. The cumulative effect of Sections 410 and 419, Cri. Pro. Code is that every appellant should file a separate appeal in the form of a petition. If four persons P, Q, R and S are convicted on a trial held by a Sessions Judge, Section 410, Cri. P.C. provides that every one of these persons namely P or Q or R or S may appeal to the High Court and Section 419 provides that every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader. On a reasonable interpretation of these two sections, every convicted person must file a separate appeal to the High Court. Sub-section (1) of Section 421 provides as under:
(3.) Section 431, Cri. Pro. Code also Indicates that Chapter XXXI of Cri P. C. contemplates only separate appeals by several accused persons. Section 431, Cr. P. C. reads as follows:-
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