GHANSU YADAV Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on admission. Admit. With the consent of the parties this revision petition is heard finally. This petition is directed by the applicants against the order dated 21-2-2005 passed by the 4th Additional Sessions Judge, Chhatarpur in Criminal Appeal No. 21/2005 which was preferred against the judgment dated 17-12-2004 passed by the Judicial Magistrate, First Class, Chhatarpur in Criminal Case No. 162/01, by which the applicants were found guilty under Sections 332 and 323 of IPC and awarded sentence one year R. I. to each applicant on first count and one year R. I. each on second count.

(2.) ABOVESAID appeal was preferred at belated stage alongwith an application under Section 5 of the Limitation Act for condonation the delay by mentioning sufficient cause but the same was dismissed resultantly appeal was also dismissed thereby the judgment of the Trial Court has become final, hence this revision.

(3.) THE merits of the appeal were not considered by the Appellate Court because same was dismissed in view of dismissal of the application under Section 5 of the Limitation Act, therefore, mentioning of other facts of the prosecution case are not necessary in this order. Only the question regarding sufficiency of cause in filing the said appeal at belated stage are to be examined. If there was sufficient cause then the appeal should have been decided on merits by Court by allowing the said application.