GHULAM QADRI MIR Vs. STATE

JUDGEMENT

(1.) Short question arising for consideration in this revision petition is whether a criminal appeal can be disposed of on merits in the absence of the appellant or his counsel. ,

(2.) The accused-petitioner was tried by the learned Judge Small Causes, Srinagar for commission of the offence under Section 304-A, RPC and was convicted and sentenced to undergo rigorous imprisonment of one year with a fine of rupees two thousand and in default of payment of fine to undergo further imprisonment for a period of six months.

(3.) Aggrieved by the conviction and sentence, the accused-petitioner preferred an appeal before the learned Additional Sessions Judge, Srinagar who in the absence of the appellant, his counsel and without hearing them decided the appeal on merits and up-held the judgment of the trial Court by his judgment dated 6-5-1996.