( 1 ) THIS appeal has come to me upon a difference of opinion between my brother Roy J. and my brother Mulla J. under Section 429 of the Code of Criminal Procedure.

( 2 ) APPELLANT Gokul was convicted on the 14th January, 1955 by the Additional Sessions Judge of pilibhit under Section 395 of the Indian Penal Code and was sentenced to five years rigorous imprisonment. He submitted an appeal from jail under Section 420 of the Code of Criminal procedure. The appeal was numbered as 435 of 1955 and was submitted to my brother nasirullah Beg under Part III, Chapter XVIII, Rule 13 (2) of Rules of Court. That rule runs as follows :

" (2) On receipt of such petition of appeal or application for revision the office shall examine it and endorse thereon a report containing as nearly as may be the particulars required under Rule 7 and the Registrar shall thereafter submit it to a Judge for orders. If the case is one which cannot be dealt with by the Judge sitting alone, the orders passed by the Judge shall be laid before another Judge for concurrence before they are issued. If the Judge does not dismiss the appeal or revision summarily and orders notice to be issued, the procedur