(1.) The office has raised the objection that the appeal is not maintainable in view of the section 376 (b) of the Crimial P.C. Counsel for appellant submits that the appellant has been convicted on two counts under Sec. 447 and 426 Penal Code and has been sentenced to two months simple imprisonment on the first count and two months and fifteen days on the second count. Total of both the sentences therefore, exceeds three months. He has placed reliance on the decision of the Allahabad High Court in Banwari Vs. Rex reported in AIR 1949 at page 216 . Subject to the objection by the other side for the present the office objection is overruled. Office to proceed further.
(2.) Office to register the appeal and put up for admission on 16.10.86. Appeal to be registered.