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Judgment
Bartley, J.—This Rule must be discharged. The Petitioners were tried along with another person who is not now before us on charges framed u/s 379, 411 and 414 of the Indian Penal Code.
The co-accused was convicted u/s 379/75 of the Indian Penal Code and sentenced to two years'' rigorous imprisonment. The present Petitioners were sentenced to three months'' rigorous imprisonment under ss. 414 and 411 of the Indian Penal '' Code, respectively. They then obtained this Rule to show cause why their convictions should not be set aside.
u/s 415A of the Code of Criminal Procedure, the Petitioners had a right of appeal, because an appeasable sentence was passed in respect of a person tried at the same trial with them.
But, in that case, u/s 439(5) of the Code of Criminal Procedure, no proceedings by way of revision could be entertained at the instance of any party who might have appealed.
In the circumstances, it is impossible for us to interfere by way of revision, as that remedy is specifically barred by law.
The Rule is accordingly discharged. The Petitioners must surrender to their bail and serve out their sentences.
Lodge J.
I agree.