Kannan and Pazhanivel @ Captain vs State

A. Packiaraj, J.—This revision has been filed against C.A.No.62 of 1999, dismissing the appeal preferred by the petitioners against their

conviction u/s 354 read with 34 I.P.C and sentencing them to undergo 6 months rigorous imprisonment and to pay a fine of Rs.5,000/-, in default

to undergo 4 months simple imprisonment by the Chief Judicial Magistrate, Pondicherry in C.C.No.21 of 1999.

It will not be necessary for me to state the facts of the case for disposing of this revision, as I feel that the revision has to be remanded back for

fresh hearing of the appeal. Further, it may not be proper for me to give any finding in relation to the facts, since, it may cause prejudice to the

appellate authority. Suffice it to state that the petitioners have been convicted for an offence u/s 354 read with 34 I.P.C by the Chief Judicial

Magistrate, Pondicherry and when they had filed an appeal before the Court of Sessions of Pondicherry, the same had been confirmed.

On going through the judgment, it is evident that during the pendency of the appeal, the sentence imposed upon the appellants therein were

suspended on condition that they should appear on every hearing date, but there had been no representation on behalf of the appellants therein.

Consequently, when the case was posted for arguments on 16.11.99, the counsel appearing for the appellants represented that he had no

instructions in the matter, but however, the learned Sessions Judge dismissed the appeal without considering it on merits, or without going through

the records or without appointing an Amicus curia.

In the above context, the learned counsel has relied on the decision of the Apex Court reported in Rishi Nandan Pandit & others Vs. State of

Bihar 2000 1 L.W.(Crl.) 200 which states that in a criminal appeal when the counsel for the accused does not appear, prudence requires Court to

appoint Advocate at State expense and hear the appeal. Even otherwise prudence requires, the learned Sessions Judge cannot dismiss an appeal

on one line, but has to go through the records placed before him and decide whether the Magistrate has come to a correct conclusion or not.

Hence relying upon the decision cited above, I do not propose to deal this matter at length, since the ends of justice would met if the judgment

passed by the Sessions Judge is set aside and the matter be remitted back to the Court of Principal Sessions Judge, Pondicherry, who shall

dispose of the appeal. It has been further brought to my notice that the petitioners have been subsequently arrested and had been released on bail

and they are appearing before the court below and they are likely to engage a lawyer of their choice. Accordingly, I set aside the judgment passed

in C.A.No.62 of 1999 on the file of the Principal Sessions Judge, Pondicherry and remand the matter back for fresh disposal on merits. The

Sessions Court shall issue summons to the accused immediately.

In result, this revision is allowed.