GOKUL Vs. STATE

JUDGEMENT

(1.) THIS appeal has come to me upon a difference of opinion between my brother Roy J. and my brother Mulla J. under Section 429 of the Code of Criminal Procedure.

(2.) APPELLANT Gokul was convicted on the 14th January, 1955 by the Additional Sessions Judge of Pilibhit under Section 395 of the Indian Penal Code and was sentenced to five years rigorous imprisonment. He submitted an appeal from jail under Section 420 of the Code of Criminal Procedure. The appeal was numbered as 435 of 1955 and was submitted to my brother Nasirullah Beg under Part III, Chapter XVIII, Rule 13 (2) of Rules of Court. That rule runs as follows :

(3.) AFTER having expressed their views on the legal questions my brethren considered the represented appeal on merits and Mr. Justice Mulla expressed the view that the appellant's appeal should be allowed, that he was entitled to the benefit of doubt and that he should be acquitted. My brother Roy expressed the view that the appeal was without force and should be dismissed.