V. BHASKARA RAO, J.

( 1 ) THE question of law involved in this revision is, whether the default sentence of imprisonment is to be added to the substantive sentence of imprisonment for purposes of determining the appellate forum under S. 374, Cr. P. C.

( 2 ) SECTION 374, Cr. P. C. to the extent relevant reads :"374. Appeals from convictions. (1 ). . . . . . . . . . . . . . . . . . . . . . . . . (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial may appeal to the High Court. (3) Save as otherwise provided in subsection (2), any person (a)convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of First Class or of the Second Class, or (b) to (c ). . . . . . . . May appeal to the Court of Session. "

( 3 ) IN the case on hand, the petitioner was sentenced to suffer rigorous imprisonment for seven years and also to pay a fine of Rs. 100 in default to suffer simple imprisonment for one month by the Assistant Sessions Judge when

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