HANIF Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision petition has been directed against the judgment and order dated 30th May, 1985 passed by III Additional Sessions Judge, Varanasi, dismissing in default Criminal Appeal No. 168 of 1983 (Hanif and others v. State), which was filed against the judgment and order dated 30th June, 1983 passed by XI Additional Munsif-Magistrate, Varanasi, by means of wliich he convicted each of the applicants under Sections 323, 504 and 506 of the Indian Penal Code and sentenced them to un dergo rigorous imprisonment for one month, ten days and one month respectively. However, the sentences were di rected to run concurrently.

(2.) SRI Vinod Prasad, learned Counsel for the applicants, submitted taht learned lower appelalte Court erred in law while dismissing the appeal for non-prosecution because once the appeal was admitted, it cannot be dismissed summarily in default. SRI Vinod Prasad, learned Counsel for the applicants, submitted that apex Court in Bant Singh v. State of U. P. , 1996 (33) ACC 677, has overruled the earlier deci sion in Ram Naresh Yadav and Ors. v. State of Bihar. AIR 1987 SC 1500 and it has been held that the appeal cannot be dis missed for default or non-prosecution. The appeal ought to have been dismissed on merits after perusal of the record.