LAWS(J&K)-2005-2-29

SHABAN GURU AND ABDULLAH GURU Vs. STATE

Decided On February 04, 2005
Shaban Guru And Abdullah Guru Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE are two revision petitions against the judgment passed by the ld. Additional Sessions Judge, Srinagar on file Nos.24/1 & 24/B dated 19.05.2001 and the order and judgment of conviction dated 9th of May, 1985 passed by the Judicial Magistrate Ist. Class, Kulgam on file Nos.97/1 & 97/B for setting a side the same.

(2.) THE main grievance of Mr. Bhat is that the appellants have not been heard by the Appellate Court in terms of section 423 Cr.P.C. He has referred apex court judgment reported in AIR 1987 SC 1500 wherein the apex court has held that the appellant must be heard before matters are decided on merits.

(3.) MR . Rathore, AAG frankly conceded this proposition of law.