This Revision Application under section 435/439, Cr.P.C., has been filed against the judgment, dated 1-10-1980 of VIth Extra Joint Civil Judge, Hyderabad, whereby appellants have been convicted under section 325/34, P.P.C., and sentenced them to suffer R.I. For 12 months each and under section 323/34, P.P.C., to pay a fine of Rs.100 each.
Appellants filed appeal before the District Judge, Hyderabad the same was also dismissed vide judgment, dated 17-2-1982.
2. Brief facts of the prosecution case are that on 10-9-1978, complainant was sitting on his plot on a cot when appellants Moula Bux, Ghulam Hussain and Abdul Sattar duly armed with Lathis came and caused Lathis injuries to him. He went at Police Station Market Hyderabad where his report was entered in Roznamcha as non-cognizable offence. He was referred to Medical Officer for examination, treatment and certificate. On getting Medical Certificate a case under section 325/323/34, P.P.C., was registered and finally Extra Joint Civil Judge Hyderabad convicted the appellant as stated above.
3. Mr. Qurban Ali H. Chohan, learned counsel for the appellants has contended that appellants have been involved due to enmity and there are contradiction in the evidence.
4. Mr. A.A. Mohammadally A.A.-G., has pointed out that the learned Sessions Judge while disposing of the appeal has not applied his mind properly as he has stated in his judgment that appeal is not maintainable.
5. The legal lacuna in the Sessions Court judgment has been brought to my notice, therefore, I do not like to discuss the evidence. The learned Sessions Judge in his judgment observed that D.P.P., has argued that the appeal is not maintainable and in the concluding pare of the judgment stated that "I hold that the appeal is not maintainable and so dismiss the same."
6. I have failed to understood the findings of the learned Sessions Judge as to why the appeal against the conviction is not maintainable. Any person convicted by the First Class Magistrate, has right of appeal as contemplated by section 408, Cr.P.C. The judgment of the learned Sessions Judge is contrary to law. I set aside the impugned judgment of the Sessions Judge and remand back the case with direction that he should decide the appeal on merits after giving opportunity to the parties.
Appellants are on bail granted by this Court. They should appear before the Court of Sessions Judge, Hyderabad.