CHANDESHWAR KUNWAR Vs. RAMANAND GIRI

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 30-8-1977 passed in Criminal Appeal No.787-A of 1976 by Shri S.M.M. Alam, Session Judge, Siwam Camp at Gopalganj setting aside the order of conviction and sentence passed by Shri P. Xaxa, Sub-divisional Judicial Magistrate, Gopalganj, dated 14-12-1976. In this appeal the point for consideration is as to whether it is permissible in law for the appellate court to dispose of a criminal appeal arising out of an order of conviction in a case instituted on the basis of a complaint without notice to the complainant by the appellate court and without hearing the complainant. In other words, the provisions laid down under section 385(1)(iii) of the Code of Criminal Procedure (hereinafter to be referred to as the Code) is under consideration.

(2.) The facts involved in this case are that the appellant had filed a complaint against the respondents and the respondents have been put on trial for the offences under sections 323, 147 and 379 of the Penal Code. They have been found guilty by the trial court and they had been sentenced differently. The respondents preferred an appeal which was registered as Criminal Appeal No.787-A of 1976 of the Court of the learned Session Judge, Siwan and Gopalganj. That appeal was heard on 19-8-1977 and the impugned judgment was delivered on 30-8-1977, setting aside the order of conviction and sentence passed against the respondents by the trial court and the respondents had been acquitted as the appeal had been allowed.

(3.) Learned counsel appearing on behalf of the appellant has submitted that it was necessary in law to give notice to the appellant, who happened to be the complainant and in absence of that legal obligation, the hearing of the appeal, in the facts and circumstances of the case, cannot be said to be legal and valid.