EMPEROR Vs. KESHAVLAL VIRCHAND

JUDGEMENT

(1.) IT is quite clear from the provisions of Sections 413 of the Code of Criminal Procedure, that where a Magistrate has passed a sentence exceeding one month, then an appeal lies, whether that sentence was passed legally or illegally. The Sessions Judge being once seized of the appeal, the whole appeal becomes open to his Court, and therefore, the Sessions Judge ought to have heard this appeal on the merits also. We make the Rule absolute and, discharging the order under revision, remand the appeal to the Sessions Court for disposal according to law, with reference to the observations made in this judgment.