Hemeon, J.

[1] The applicants Sahadeo and his brothers Mahadeo and Krishna were convicted and eaoh sentenced to pay two fines, each of Es. 25, Under Sections 852 and 448, Penal Code by the Third Class Magistrate, Nagpur. They then filed an appeal in the Court of the Appellate Magistrate, Nagpur, who on 28th September 1948 after the receipt of the record passed the following order:

None present. Record perused. Copy of the judgment also has not been Sled as ordered on 30th July 1948. The appeal is dismissed summarily. The L. C. be informed.

The applicants have now come up in revision to this Court for the revision of the order of convictions and sentences or the remand of the case to the lower appellate Court for a hearing on merits.

[2] The case briefly stated against the applicants was as follows. Shrimati Yenu, daughter of Jagannath (P.W. 1.) was married to the applicant Sahadeo, but had stayed with her father from 80th May 1947 when she was beaten by her husband. On 2nd June 1947, Jagannath had left his house in the morning and when he returned at about 10-30 A. M., he saw goondas standing outside the compound and Sahadeo dragging his daughter by force. He accordingly resc