K. Subba Rao, C. J.

[1] This S. R. No. 15142/55 has been placed before the Full Bench at the instance of Chandra Reddy and Satyanarayana Raju JJ.

[2] The facts that gave raise to the reference may be briefly stated. Accused 1 in Sessions Case No. 4 of 1955 was convicted under Section 302, I. P. C and sentenced to transportation for life. Accused 2 and 3 were convicted under Section 323, I.P.C. and sentenced to pay a fine of Rs. 100/- each. Accused 1, who was in jail, presented his petition of appeal to the Officer-in-charge of the jail, who forwarded the same to the High Court. It was numbered as Criminal Appeal No. 104 of 1955.

During the summer vacation Bhimsankaram J. dismissed the said appeal summarily under Section 421(1), Criminal P.C. Subsequently, on 23-6-1955, all the accused filed another appeal, which was given S. R. No. 15142/55. The question is whether appellant 1 was entitled to file another appeal notwithstanding the fact that his appeal presented through the jail authorities was dismissed summarily.

[3] The first argument of the learned Counsel for the appellant (accused 1) is that the Appellate Side Rules made by the High Court of Judicature at Madras have