RAMESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The imposed order of the learned Sessions Judge, Patiala, dated 3.10.1985 is not sustainable at all. The learned Sessions Judge has dismissed the jail appeal solely on the plea that the appeal was not accompanied by the grounds of appeal. The dismissal of the appeal in such a situation was not a proper course to be adopted. The learned Sessions Judge ought to have afforded an opportunity to the convict-appellant to make up the deficiency. It was not enough to make an observation in the last para of the judgment that action should be initiated against the concerned officials forwarding an incomplete appeal. In these circumstances, the impugned judgment of the learned Sessions Judge is set aside and the case is remanded to him with the direction that he should do the needful in the light of the above observations and dispose of the appeal on merits.

(2.) The revision petition is accepted to the extent indicated above.