Patna High Court
Newa Lal Rai And Ors. vs Emperor on 14 March, 1923
Equivalent citations: 72IND. CAS.613, AIR 1923 PATNA 368
JUDGMENT Kulwant Sahay, J.
1. The petitioners were convicted by the Sub-Deputy Magistrate of Begusarai under Section 147, Indian Penal Code, and sentenced to one month's rigorous imprisonment each. They preferred an appeal which was admitted on the nth December 1922. On the 5th January, when the appeal came on for hearing, the petitioners riled a petition for time, to get copies of certain documents. This peril ion was rejected, and thereupon it appears that the appeal was not argued before him; but the learned Additional District Magistrate went through the record and in the order-sheet he made a note to the effect: "I have been through the record and judgment of the lower Court together with the grounds of appeal. The convictions and Sentences appear to be fully justified. Appeal dismissed under Section 423, Criminal Procedure Code, convictions and sentences 'upheld.'"
2. The appeal having been once admitted it could not be disposed of summarily without considering the whole evidence in the case and writing out a judgment under Section 423, Criminal Procedure Code. If the Pleader of the appellants did not appear it was the duty of the Magistrate then to go through the record and write out a proper judgment according to law.
3. The order is set aside and the case is remanded to him for hearing according to Jaw.
4. The order of bail passed by the District Magistrate on the 11th December 1922 will stand.