ARUN BHUSAN CHAKRAVARTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two Revision Petitions arise out of a common judgement and order and are as such taken up together. The petitioners in both the cases, namely, 1. Arun Bhusan Chakravarty, 2. Zamatullah and 3. Usman Ali were convicted by the Assistant Sessions Judge, Gauhati under S.399, I.P.C. and sentenced to R/I for five years and a fine of Rs. 100/- in default R/I for three months. An appeal was filed by the petitioners against the said order of conviction before the Sessions Judge, Kamrup, Guwahati. The learned Sessions Judge fixed title appeal for hearing on 11-11-80 and issued notice to the parties. On 11-11-80 hearing could not take place on as the Court could not function on that day due to Non-co-operation movement. On 12-11-80 the learned Sessions Judge fixed 6-1-81 for hearing. On 6-1-81 the learned Sessions Judge transferred the case to the Additional Sessions Judge for disposal, without fixing a date.

(2.) The learned Additional Sessions Judge on receipt of the case record on transfer passed an order on 5-1-81 fixing the appeal for argument on 6-2-81 wherein it was also mentioned that none appeared for the appellant before him. On 6-2-81 it was adjourned to 6-3-81. On 6-3-81 the following order was passed :- "None appears for the appellant. Heard Shri K.P. Sarma, Advocate for the respondent (State). Fix 18-3-81 for judgement". On 18-3-81 judgement was delivered ex perte on appeal confirming the conviction and sentence passed by the learned Assistant Sessions Judge.

(3.) Against the aforesaid judgement dated 18-3-81 passed ex parte by the learned Additional Sessions Judge the present revision petitions have been filed. The main contention of the petitioners is that the impugned judgement and order passed by the learned additional Sessions Judge is in violation of the requirement of S.385 of the Code of Criminal Procedure, 1973 which requires the appellate Court to cause a notice of time and place at which such appeal will be heard to be given to the appellant or his pleader.