(1.) THIS appeal preferred, under section 374 (2) of the Criminal Procedure Code, 1973 (hereinafter to be referred as Cr. P. C.), is directed against the judgment and order dated 20-8-1990 passed by Ad ditional Sessions Judge, Nainital in Ses sions Trial No. 56/1989, State Vs. Kundan Singh & others, whereby the learned Additional Sessions Judge has convicted the appellant-accused persons u/s 342, 323 and 308 of The Indian Penal Code, 1860 (hereinafter to be referred as I. P. C.) by which the learned Additional Sessions Judge has convicted the accused appellants for the offence punishable u/s 342, 323 and 308 I. PC. and convicted them to undergo rigorous imprisonment -for a period of three months' u/s 342-I. P. C. , three months' R. I. u/s 323 I. P. C. and four years' R. I. u/s 308 I. P. C. It was also directed that all these sentences shall run concurrently.
(2.) I have heard Sri Prem Kaushal, Adv. holding brief of Sri R. S. Sammal, learned counsel for the appellants and Sri M. A. Khan, learned Brief Holder for the State.
(3.) LEARNED Sessions Judge, Nainital transferred the trial to the court of Addi tional Sessions Judge for its hearing and disposal according to law.