RAM JANKI MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application is directed against the judgment and order of conviction and sentence dated 19.02.1996 passed by the learned Railway Judicial Magistrate, palamau at Daltonganj in R.P. No. 15 of 1989 by which the petitioners have been convicted for the offence punishable under section 3(a)R.P. (U.P) Act and sentenced them to undergo rigorous imprisonment for two years. A further challenge has been made to the judgment dated 16.02.000 passed by the learned 2nd Additional Sessions Judge, Palamau in Criminal Appeal No. 37 of 1996 by which the judgment passed by learned trial Court has been affirmed.

(3.) At the outset, it has been submitted by learned counsel for the petitioners that the petitioner no.1 had already died during the pendency of this application. So far as the merit of the case is concerned, learned counsel for the petitioners has submitted that the petitioners have preferred an appeal against the judgment of conviction and sentence but unfortunately rest of the records were transferred from the learned Sessions Judge to the 2nd Additional Sessions Judge, Palamau and the petitioners were not aware of such fact and were not given an opportunity of hearing which resulted in the appeal having been dismissed.