NATHUNI AHIR AND MANY OTHERS Vs. THE STATE

JUDGEMENT

(1.) Short facts giving rise to this application under Ss. 397 and 401 of the Code of Criminal Procedure, are as follows. The aforementioned petitioners were convicted by a Judicial Magistrate, second class, Siwan, under judgment dated 5.5.1977 in T.R. Case No. 290/77, G.R. No. 365/69, for offences under Ss. 225 and 147 of the Indian Penal Code and petitioner Nos. 1, 4 and 5 were also found guilty and convicted for the offence under section, 323 of the Indian Penal Code and they all were sentenced to various terms of imprisonment and also to pay fine. The petitioners preferred an appeal before the Sessions Judge at Siwan which was registered as Criminal Appeal No. 140 of 1977 which was put up for admission on 26.5.77. The learned Sessions Judge was not holding court on this date and, therefore, the appeal was put up before an Additional Sessions Judge Incharge for admission. The Additional Sessions Judge being not empowered to admit the appeal for hearing, passed a preliminary order for grant of bail to the petitioners and the appeal was posted for 30.5.77 for hearing on the question of admission. The appeal however, was put up before the learned Sessions Judge Shri S.M.M. Alam on 31.5.77, but nobody appeared on this date on behalf of the appellants to press the appeal for admission. The learned Sessions Judge, however, dismissed the appeal. The order reads as follows:

(2.) The learned Sessions Judge Shri G.N. Singh before whom the appeal was put up for hearing dismissed the same stating therein that the earlier appeal of the petitioners which was registered as Criminal Appeal No. 140 of 1977 was rightly dismissed by the then Sessions Judge Shri S.M.M. Alam under Sec. 384 of the Code of Criminal Procedure as in spite of the reasonable opportunities given to the petitioners, nobody appeared in court to press the appeal.

(3.) It is against the earlier order dated 31.5.77 by which the Criminal Appeal No. 140 of 1977 was dismissed, that this application in revision has been filed.