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1994 Supreme(SC) 486

M. N. VENKATACHALIAH, S. MOHAN
Mangilal – Appellant
Versus
State Of M. P. – Respondent


Advocates:
S.K.Gambhir, VIVEK GAMBHIR

Judgment

MOHAN, J.- Leave granted.

2. The appellants were tried before the learned First Additional Sessions Judge, Hoshangabad in Sessions Trial No. 30 of 1985 for offences under Sections 147 and 307 of Indian Penal Code. On trial, they were convicted and sentenced as per the judgment dated 23-1-1986 as under. Rigorous imprisonment for one year each under Section 147 of the Indian Penal Code, rigorous imprisonment for 5 years and fine of Rs 500 each, in default of payment of fine, rigorous imprisonment for two months under Section 307 of the Indian Penal Code. Both sentences were directed to run concurrently. The appellant filed Criminal Appeal No. 117 of 1986 in the High Court. On 27-8-1993 the appeal came up before D.M. Dharmadhikari, J. It was adjourned since the lawyers at Jabalpur were on strike on that day. Thereafter the matter was listed on 11-10-1993. On that day also the lawyers were on strike. Therefore, the appeal was dismissed by the impugned judgment for want of prosecution. On 20-11-1993 an application under Section 482 Code of Criminal Procedure was preferred for restoration of the appeal and to decide the same on merits. By an order dated 26-11-1993 the said applica










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