MADHAV RAGHVENDRA KULKARNI Vs. EMPEROR

JUDGEMENT

(1.) The three accused were convicted by the First Class Magistrate of Bagevadi of an offence under Section 352, Indian Penal Code. Accused No. 1 was sentenced to pay a fine of Rs. 30. Accused Nos. 2 and 3 were ordered under Section 562, Criminal P.C. to enter into a bond of Rs. 50 each to appear and receive sentence when called upon during six months, and in the meantime to keep the peace and be of good behaviour.

(2.) All the three accused appealed to the Court of Session. As the sentence on Accused No. 2 was not originally appealable, it became appealable under Section 415A, Criminal P.C. if the order against Accused Nos. 2 and 3 was appealable. The Sessions Judge raised the following issue: Does an appeal lie against the conviction under : Section 352, Indian Penal Code, and the order under Section 562, Criminal P.C., passed against Accused. Nos. 2 and 3?

(3.) He held that no appeal lay. He referred t Section 413, Criminal P.C. which states: Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which a Court of Session passes a sentence of imprisonment not exceeding one month only or in which a Court of Session or District Magistrate or other Magistrate of the First Glass passes a sentence of fine not exceeding fifty rupees only.