RAM AKWAL SINGH & Ors. v. SHAILENDRA KUMAR SINGH & Anr.
Case at a glance
- Bench
- M SARAN
Provisions considered
- Indian Penal Code, 1860 s. 323
- Probation of Offenders Act s. 4
- Code of Criminal Procedure, 1973 ss. 360, 374, 376, 401(5)
Judgment
speaks about the High Court’s powers of revision. Sub-section (3) of section 374 Cr.P.C. provides for appeal to the court of session from conviction by Assistant Sessions Judge, Metropolitan Magistrate and all other Magistrates irrespective of the class. According to which an appeal from the Magistrate will lie to that Sessions Judge who has territorial 2 jurisdiction over the particular case. Admittedly in the present case, petitioners have been convicted under section 323 IPC but no sentence has been awarded to them rather they have been provided the benefit of section 4 of Probation of Offenders Act. The conviction without sentence is conviction for the purpose of appeal. Such being the position in law, this Cr. Revision is not maintainable. It is accordingly dismissed. The petitioners may, if so advised, prefer appeal before the Sessions Judge. AI (M.Saran,J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.