DHANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application on behalf of Dhanna, Jagannath and Kana under Section 561a of the Code of Criminal Procedure for allowing them rehearing in S. B. Criminal Appeal No. 316 of 1962 which was rejected by the Court on 26th november, 1962.

(2.) AT the time of hearing of the appeal, appellants and their counsel were absent and the appeal was decided after a perusal of the record of the case. The judgment was delivered orally in open Court. Before the transcript of the judgment was prepared by the judgment-writer, an application was moved that the transcript of the judgment should not be signed. Accordingly I did not sign the transcript pending hearing of this application.

(3.) THE contention of the learned counsel is that I can rehear the appeal because the judgment passed on 26th November, 1962 has not been signed. He says that section 369 of the Code applies only when a judgment has been signed and till then the Court can alter or review its judgment. It is also stated in the application that the learned counsel had two more cases fixed in the Daily Cause List of the high Court of 26th November, 1962 before two other Benches and besides had one sessions case fixed in the Court of the Additional Sessions Judge, No. 2, jodhpur. It is stated that twice or thrice he looked inside the Court from outside and found that his case was not reached and so at 3 p. m. he told the Court peon that if his case was reached he should call him from the other Court where he is sitting. He says that he waited there till 4. 15 p. m. but the peon of this Court did not call him. On the next day when he noticed the Daily Cause List he found that this appeal was not listed therein. But on coming to the Court he found that the judgment had been pronounce in the case on the previous day.