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1961 Supreme(Guj) 137

V.B.RAJU, A.R.BAKSHI
Lalu Jela – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
A.H. Mehta, for Appellant; H.M. Chokshi, Govt. Pleader with B.R. Sompura, Asstt. Govt. Pleader, for the State; I.M. Nanavati, L.P. Joshi; and C.C. Patel as amicus curiae.

JUDGMENT

RAJU, J. : This Criminal Appeal No. 395 of 1961 is filed by five persons, who were original accused Nos. 1, 2, 3, 5 and 25 in Sessions Case No. 28 of 1961 tried by the Sessions Judge, PanchMahals. The learned Sessions Judge convicted the five appellants and hence this appeal. The appeal is before us for admission.

2. Under Section 410, Criminal Procedure Code, any person convicted on a trial by a Sessions Judge, or an Additional Sessions Judge; may appeal to the High Court. Section 419; Cri. Pro. Code provides that every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader. The cumulative effect of Sections 410 and 419, Cri. Pro. Code is that every appellant should file a separate appeal in the form of a petition. If four persons P, Q, R and S are convicted on a trial held by a Sessions Judge, Section 410, Cri. P.C. provides that every one of these persons namely P or Q or R or S may appeal to the High Court and Sec. 419 provides that every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader. On a reasonable interpretation of these two sections, every convicted person must file a s








































































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