ASHOK KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri Ravindra Nath Rai, counsel for the applicants and learned A.G.A. for the State.

(2.) BRIEF facts are that the applicants were duly tried in the Court of Ist Addl. C.J.M. (Court No. 12), Azamgarh in Case No. 19 of 1994, State v. Ashok Kumar Singh and others and vide the judgment and order dated 30.3.1994, both of them were found guilty and were convicted and sentenced to 2 years S.I. and a fine of Rs. 3,000 each under Section 324/34, I.P.C. They were further convicted and sentenced to 3 years R.I. and a fine of Rs. 5,000 each under Section 326/34, I.P.C. Against the said judgment the applicants filed Crl. Appeal No. 13 of 1994 before the Sessions Judge, Azamgarh. The appeal was admitted and was transferred to the Court of Ist Addl. Sessions Judge for hering and disposal. It further appears that the appeal was fixed for hearing on 13.11.2000. On this date, since no one appeared on behalf of the appellants, the appellate court dismissed the appeal in default upholding the order of conviction passed by the trial court. It is stated by the applicants' counsel that the applicants had no knowledge of the date of hearing of appeal nor of the impugned order and as soon as they came to know of the dismissal of their appeal in default, they filed this revision before this Court and accordingly revision cannot be held to be barred by time. The Court finds weight in this submission of the learned counsel for the applicants. Hence the revision is treated as within time.

(3.) FOR the reasons stated above, the revision is allowed and the impugned order dismissing the appeal is set aside. The appeal shall now be restored to its original number and it shall be disposed of by the Sessions Judge himself or by any Court of Addl. Sessions Judge other than the Court presided over by the officer who has dismissed the appeal by the impugned order. The applicants are directed to apper before the Sessions Judge on 20.8.2001 along with certified copy of this order.