MANSOOR MADARU Vs. STATE

JUDGEMENT

(1.) Through this application Mansoor applicant has prayed that a criminal appeal in which he is one of the two appellants be transferred from the file of Sri Hira Lal Capoor, Sessions Judge, Hardoi, to the Court of one of the two Additional Sessions Judges posted at Hardoi or to any other District and Sessions Judge competent to hear it. The application is supported by the applicant's affidavit.

(2.) The relevant facts as disclosed in the applicant's affidavit are as below. The applicant was sentenced to two years' rigorous imprisonment under Section 368, I. P. Code and the co-accused Zafar Ahmad, who was found guilty under Section 376, I. P. Code, was sentenced to three years' rigorous imprisonment by the learned Assistant Sessions Judge, Hardoi.

(3.) They both filed a joint appeal which was fixed for hearing on 25-7-1962 before Sri Hira Lal Capoor, Sessions Judge, Hardoi. Just a day before the hearing of the appeal i.e. on 24-7-1962, the applicant engaged a senior lawyer to argue his appeal, because, according to him, the lawyer who had filed the appeal was a junior one. The applicant on account of his slender means could not furnish necessary papers to his lawyers for arguing the appeal. He did not even have a copy of the Judgment. His senior lawyer inspected the record, but there was not enough time to obtain copies of the documents filed in the case.