Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 CRL.A.No. 1735 of 2008 ( ) --------------------------- (AGAINST THE ORDER/JUDGMENT IN SC 443/2002 of ADDL.SUB COURT,KOLLAM AGAINST THE ORDER/JUDGMENT IN CP 105/2000 of J.M.F.C.-I, KARUNAGAPPALLY APPELLANT(S)/ACCUSED: --------------------- PREM KRISHNAN @ ANU, S/O.CHELLAMMA, CHALIVAYALIL HOUSE, NJAKKANAL, OCHIRA P.O. KOLLAM DISTRICT. BY ADVS.SRI.T.N.SURESH RESPONDENT(S)/COMPLAINANT: --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.ROY THOMAS THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26-07- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN,J.
- - - - - - - - - - - - - - - - - - - - - Crl.Appl. No. 1735 OF 200.- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2013 JUDGMENT
When the appeal was taken up for hearing, it was pointed out by the learned counsel for the appellant/accused that the Session Case has been disposed of by the Additional Assistant Sessions Judge and the sentence imposed is seven years rigorous imprisonment, in which case, according to the learned counsel, the appeal is remitted back to the Sessions Court.
2. Going by Section 374 of Cr.P.C., the contention of the learned counsel for the appellant is well founded. The appeal has to be, in fact, heard by the Sessions Court. Therefore, the Office is directed to forward this appeal to the Sessions Court concerned along with the records forthwith. The appellant shall appear before the lower Court on 12/8/2013. The learned Sessions Judge is directed to dispose Crl.Appl. No.1735/2008 2 of the appeal within three months from the date of appearance of the appellant. Sd/- P.BHAVADASAN, JUDGE. dpk. /True copy/ P.S.to Judge.