KALLUMAL AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the order and judgment dated 26-11-1975 of III Addl. District & Sessions Judge, Farrukhabad in Sessions Trial No. A-59 of 1975 convicting them under Section 323 IPC and sentencing each of them to pay a fine of Rs. 100/-. In default of payment of fine to undergo Section 1. for six months. Kallumal was prosecuted under Section 308 IPC and all other Appellants were prosecuted under Section 147 IPC but were acquitted under those sections.

(2.) A preliminary objection has been raised in this case by the learned Counsel for the State that such an appeal is barred under Section 376(b) Code of Criminal Procedure.

(3.) Sri Keshav Sahai, learned Counsel for the Appellants has argued that proviso (ii) would mean that in case there is a sentence of imprisonment upto three months and also sentence of fine upto Rs. 200/- and in default of payment of fine there is further sentence of imprisonment upto three months or less than three months, then no appeal would lie. But in case the sentence in