When the appeal came up for hearing on 1-2-1995, counsel for the appellant as well as appellant were absent. There was no representation also. The appeal was therefore adjourned to 3-2-1995 to consider whether the appeal can be dismissed for default. On this point arguments were heard. Notice was given to Director General of Prosecutions.

2. Heard Director General of Prosecutions and Senior Advocates Sri M. N. Sukumaran Nayar and Sri. T. R. Raman Pillai and Senior Counsel Sri. T. V. Prabhakaran, apart from other counsel who had also contributed their views on this aspect.

3. The Director General of Prosecutions and all the counsel who expressed views in the matter are unanimously of the view that a criminal appeal cannot be dismissed for default. The powers of the appellate Court to hear appeals are contained in Chapter XXIX of the Code of Criminal Procedure. In this proceeding we are mainly concerned with Sections 384, 385 and 386. Sec. 384 empowers the Court to dismiss the appeal summarily if upon examining the petition of appeal and copy of the judgment received, the appellate Court considers that there is no sufficient ground for interfering. The restrictions impose