CHHATHU GOPE Vs. EMPEROR

JUDGEMENT

(1.) This is an application for revision of the order of the Sessions Judge of Monghyr summarily dismissing the petitioners appeal from their conviction on charges of rioting and causing hurt. It does not appear from the order of the learned Sessions Judge that he examined the record of the case or that he tested arguments on questions of fact by examination of the evidence actually given by the witnesses.

(2.) When this Court is moved in revision after the judgment in the appeal has been delivered in such a form as that adopted by the learned Sessions Judge, this Court is practically obliged if the appellate order of the Sessions Judge is to be supported, itself to hear the appeal on questions of fact, which is not the procedure prescribed by the Criminal P. C.. The principle on which appeals should be summarily dismissed or admitted was discussed in Thakur Sahu V/s. EmperorA.I.R.1980. Pat. 331 and in Krishna Pati V/s. Emperor A.I.R.1930. Pat. 520.

(3.) I would therefore set aside the order of the Sessions Judge dismissing the appeal and direct that the appeal be admitted and regularly heard. Madan, J. I agree.