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Emperor Vs. Keshavlal Virchand - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 113 of 1911
Judge
Reported in(1911)13BOMLR550
AppellantEmperor
RespondentKeshavlal Virchand
Excerpt:
.....passed which is unappealable-adding to sentence making it appealable- appeal-sessions judge-merits of whole appeal to begone into-practice- ;a magistrate trying a case passed at first an unappealable sentence on the accused : but shortly afterwards, at the request of the accused, added to the sentence passed so as to make it-appealable. on appeal, the sessions judge struck out the added sentence, which being done, he declined to go into the merits of the case, on the ground that the original sentence passed was not open to appeal:- ;(1) that when a magistrate once passed a sentence exceeding one month, an appeal lay to the sessions court, under sections 413 of the criminal procedure code, independently of the question whether that sentence was passed legally or illegally......1. it is quite clear from the provisions of sections 413 of the code of criminal procedure, that where a magistrate has passed a sentence exceeding one month, then an appeal lies, whether that sentence was passed legally or illegally. the sessions judge being once seized of the appeal, the whole appeal becomes open to his court, and therefore, the sessions judge ought to have heard this appeal on the merits also. we make the rule absolute and, discharging the order under revision, remand the appeal to the sessions court for disposal according to law, with reference to the observations made in this judgment.
Judgment:

1. It is quite clear from the provisions of Sections 413 of the Code of Criminal Procedure, that where a Magistrate has passed a sentence exceeding one month, then an appeal lies, whether that sentence was passed legally or illegally. The Sessions Judge being once seized of the appeal, the whole appeal becomes open to his Court, and therefore, the Sessions Judge ought to have heard this appeal on the merits also. We make the Rule absolute and, discharging the order under revision, remand the appeal to the Sessions Court for disposal according to law, with reference to the observations made in this judgment.


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