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Showing contexts for: section 355 in Syed Qasim Razvi vs The State Of Hyderabad And Others(And ... on 19 January, 1953Matching Fragments
Mr. Peerbhoy further argued that the provision for appeal contained in the Regulation deprived him of the right of second appeal which is allowed under the Hyderabad-Code. This argument, in our opinion, is based upon a misconception. It appears from section 355 of the Hyderabad Criminal Procedure Code that there are second appeals allowed under the Hyderabad law even in criminal cases; and when it is said that an appeal lies to the High Court from the order of a Sessions Judge, it contemplates that the order of the Sessions Judge may be passed by him either as an original court or in appeal from the decision of a District Magistrate or Assistant Sessions Judge. But in the present case the original trial was by the Special Tribunal which was invested with the powers of a sessions court and consequently only one appeal would lie to the High Court. It is said that the case could have been tried by the District Magistrate and in that case the accused could have one appeal to the Sessions Judge and a second one to the High Court under the Hyderabad law. This contention rests on a pure speculation and is hardly tenable. One of the charges against the accused was a charge of dacoity under section 330 of the Hyderabad Penal Code. On a conviction under this section the court is empowered to sentence the accused to a term of rigorous imprisonment which may extend up to 10 years. Unless, therefore, the District Magistrate was of the opinion that the case did not merit a ,sentence beyond 4 years of rigorous imprisonment, he was bound to refer the case to be tried by a court of session. This is not a matter of which really any grievance could be made. The other departure noticeable in the Special Regulation is the withdrawal of the provisions relating to revision and transfer. Another thing that has been omitted from the Special Tribunal Regulation is the provision relating to the confirmation of certain sentences which under the ordinary law have to be confirmed by higher authorities. According to the Hyderabad Code, the High Court has not only to confirm death sentences, but also sentences of trans-. portation for life and of imprisonment for a period exceeding 10,years. The death sentences have got to be further confirmed by the Nizam.