MANOHAR Vs. STATE

JUDGEMENT

(1.) This is an application for the transfer of an appeal which the applicant along with 27 others has filed before a learned Sessions Judge against the judgment of a learned Judicial Magistrate convicting the appellants under Sections 147, 323, 325/149, Penal Code, each and sentencing them each to varying terms of imprisonment and fine. The affidavit in this case has been filed by one of the applicants Lallai. According to this affidavit, when the case was called up on 11th February 1950, the learned Sessions Judge told counsel for the appellants even before he had presented the case of the appellants, that the appeal was a very weak one and was liable to be rejected. He went a little further and started dictating judgment without hearing the appellants' counsel. On his doing so, an application was moved by the appellants notifying their intention of applying to this Court under Section 526, Criminal P. C., for the transfer of the appeal and time was granted to the applicant by the learned Judge to obtain an order from this Court.

(2.) A general allegation, which has been made against the learned Sessions Judge, is that it is his habit to make up his mind, after reading the judgment before he comes to Court, and that he brings to bear upon his work no open mind. No opportunity is given by him to counsel for the appellant to argue the appeals and he starts dictating judgments even while arguments are proceeding. It is alleged that by the time the argument is over the judgment is ready. The learned Sessions Judge has, in his explanation, categorically denied the allegation that he ever told the counsel for the applicants that the appeal was weak or had no merits. He has also denied allegation that it is his habit to read the judgment under appeal before a case is called up for hearing that the conclusions he forms after reading the judgment before the appeal starts become as it were final with him and that thereafter he attaches no weight to the arguments of counsel.

(3.) The learned Sessions Judge has further denied the allegation that in this particular case he dictated his judgment before arguments were heard. He has forwarded a copy of the order, sheet which bears out his statements. I am satisfied that there is no substance in the allegations of the applicant against the learned Sessions Judge.