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Ram Bharose and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1916All43; 35Ind.Cas.657
AppellantRam Bharose and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 424 - appeal--dismissal--judgment. - - it does net disclose whether or not the magistrate examined the evidence, as it was clearly his duty to do.tudball, j.1. the three appellants were convicted by a magistrate of the second class and they appealed to the court of the district magistrate, and on the date fixed for the hearing of the appeal no one appeared on behalf of the appellants and the magistrate wrote the following judgment: 'no one appears. i see no reason to interfere. i dismiss the appeal.' this judgment is not in conformity with the law. it reads as if the appeal had been dismissed because nobody had appeared. it does net disclose whether or not the magistrate examined the evidence, as it was clearly his duty to do. i allow this application. i set aside the order of the district magistrate and direct that the record be returned to him with orders to re-hear the appeal and to decide it according to law.
Judgment:

Tudball, J.

1. The three appellants were convicted by a Magistrate of the second class and they appealed to the Court of the District Magistrate, and on the date fixed for the hearing of the appeal no one appeared on behalf of the appellants and the Magistrate wrote the following judgment: 'No one appears. I see no reason to interfere. I dismiss the appeal.' This judgment is not in conformity with the law. It reads as if the appeal had been dismissed because nobody had appeared. It does net disclose whether or not the Magistrate examined the evidence, as it was clearly his duty to do. I allow this application. I set aside the order of the District Magistrate and direct that the record be returned to him with orders to re-hear the appeal and to decide it according to law.


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