KHAN NAZIR AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant alongwith others were tried on charge punishable u/s 457/380 RPC by the city Munsiff Judicial Magistrate 1st. Class, Srinagar. They were alleged to have committed theft by breaking house on 30.8.1974. On their disclosure statements stolen property such as a piece of cloth, Transistor and Jewellry were recovered on 1.9.1974 from their possession. The trial court by its judgment dated 12.2.1976 convicted them u/s 411 RPC. All of them were sentenced to one year rigorous imprisonment.

(2.) THE appellant accused challenged their conviction by filing appeal before the court of sessions judge, Srinagar who transferred the same to the court of Additional Sessions Judge, Srinagar. The appellate court dismissed the appeal vide judgment dated 8.3.1976 thereby upholding the conviction of the appellants.

(3.) IT is strange that even though there is no provision for second criminal appeal either in the Code of Criminal Procedure or in the Letters Patent yet by order dated 23.3.1976. This appeal was admitted by a learned Single Bench of this Court. However since there is no provision for 2nd criminal appeal it is treated as a criminal revision and will be decided accordingly.