HARCHANDI & ANR. Vs. STATE OF RAJ

JUDGEMENT

(1.) This appeal was heard in part by me on 21.8.1990 and since then it is in the daily cause list. Today, the learned Public Prosecutor stated that the file is not with him as it was sent to some other Public Prosecutor, who is not in Court today. Hence I am deprived of the valuable assistance which the Public Prosecutor could render in this criminal appeal. I am writing this specifically because this is not the only case in which this has happened but this is the usual story in practically every case.

(2.) Both the appellants have been convicted by the Additional Sessions Judge No. 1 Bharatpur for the offence under Sec. 37o(2)(g) Penal Code and sentenced to 10 years rigorous imprisonment and a fine of Rs. 500.00 tach and in default of payment of fine to undergo six months imprisonment. Against this conviction and sentence passed on 12th Jan. 1990 the present appeal has been filed.

(3.) The date of incident is 27.6.1989. Harchandi was arrested on 20-7-1989 and since then he is in Jail. The second appellant was arrested on 23-7-1989 and released on 28-7-1989. After his conviction on 12.1.1990 he was sent to Jail and after preferring this appeal he was released on bail on 21 5-1990.