MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants four in number, were put on trial before the Additional Sessions Judge, Fast Track Court No. II, Gopalganj for the offences punishable under Sections 307 and 323 of the Indian Penal Code. The trial Court by order dated 20th December, 2003 found that the charge under Section 307, IPC framed against one of the appellants namely Lal Bahadur Prasad was not proved but charge under Section 323, IPC was proved against all the four appellants. He did not pass any substantive sentence against the appellants. He passed order under the provisions of Section 4(1) of the Probation of Offenders Act and released them on entering into a bond of Rs. 5,000/ - with two sureties of the like amount to maintain peace and good behaviour for a period of two years and to receive sentence during that period if called upon by the Court.

(2.) THE appellant preferred appeal before this Court under Section 374(2) of the Code of Criminal Procedure and the matter was placed before the learned single Judge and his lordship referred the matter to the Division Bench to decide the question as to whether appeal is maintainable in the present case in view of the bar created under Section 376. of the Code of Criminal Procedure providing that no appeal shall lie where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.

(3.) (1) of the Probation of Offenders Act on executing bond as stated above. 4. Section 374(2) of the Code of Criminal Procedure provides inter alia, that any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial may appeal to the High Court.