IN RE: GODALA SANYASI AND ORS. Vs. STATE

JUDGEMENT

(1.) IN C.C. No. 40 of 1946 on the file of the Additional First Glass Magistrate, Tanuksu,' accused, 1 and 3 were sentenced to pay a fine of Rs,. 40 each in respect of each of the offences under Sections 148 and 324 of the Indian Penal Code respectively. Accused 2, 4, 5 and 6 were sentenced to pay a fine of Rs. 30 each under each of the Sections 147 and 323, Indian Penal Code. The six accused filed an appeal to the Sessions Judge, West Godavari. The learned Sessions Judge held that the appeal was not maintainable because there was no sentence of fine exceeding Rs. 50 and applied the provisions of Section 413 of the Code of Criminal Procedure. The learned Sessions Judge made a reference to two decisions of this Court in In re P. Venkataramqyya : (1939)2MLJ878 and Public Prosecutor v. K. Dasapai, (1936) M.W.N. (Crl.) 37 which dealt with the construction of Section 415 of the Code of Criminal Procedure. But I think it is unnecessary to refer either to that section or to the two decisions for the purpose of this revision petition.

(2.) SECTION 413 says that: