SUPA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed this revision under Section 397/401 of the Cr.P.C. being aggrieved by the order dated 21.12.2018 passed in Criminal Appeal No. (unregistered)/2018 by Sessions Judge, Burhanpur whereby the application filed by the applicants under Section 5 of the Limitation Act has been dismissed.

(2.) The facts giving rise to this revision, in short, are that in Criminal Case No. 2041/2012 all the applicants were arrayed as accused. The case was pending before the JMFC, Burhanpur. JMFC after concluding the trial vide judgment dated 21.02.2014 convicted all the applicants for the offence punishable under Sections 294 and 323/34 of the IPC and sentenced to fine of Rs.500/- for the offence under Section 294 and sentenced to undergo till rising of the Court along with fine of Rs.1000/- for the offence punishable under Section 323/34 to each of the applicants with default stipulations respectively.

(3.) The applicants being aggrieved by that conviction and sentence passed by the trial Court filed an appeal before the Sessions Judge, Burhanpur under Section 374(2) of the Cr.P.C. on 15.11.2018. The appeal was not filed within the stipulated period of time, hence, the applicants filed an application under Section 5 of the Limitation Act along with appeal memo stating therein that on the date of judgment i.e. on 21.02.2014, advocate informed the applicants that their case has been disposed of, therefore, there is no need to appear further, as the learned Court did not convict the applicants for imprisonment. The applicants in happy mood went their home, but, at the time of election of Panchayat, when the applicant No. 2, for contesting the election collecting the documents, then someone told them that a criminal case was initiated against him. Copy of that judgment is needed for inspection in this regard. The applicants collected the certified copy of the judgment. On receiving certified copy of the judgment, he came to know that he was sentenced for imprisonment till rising of the Court. Then he along with other applicants decided to file an appeal before the Session Court. Thereafter, the applicants filed a memo of appeal along with application under Section 5 of the Limitation Act before the Appellate Court. Learned Appellate Court vide judgment dated 21.12.2018 has dismissed the application filed under Section 5 of the Limitation Act and in consequence to which also dismissed the appeal.