IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.Rev.Pet.No. 810 of 2001() ----------------------------- CRA.31/1994 of SESSIONS COURT, PATHANAMTHITTA CC.311/1990 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED --------------------- 1. EAPAN THOMAS, KAVUNKAL VEEDU, CHATHANTHARA, KUNNAM MURI, KOLLAMULA VILLAGE. 2. THOMAS MATHEW, KAVUNKAL VEEDU, CHATHANTHARA KUNNAM MURI, KOLLAMULA VILLAGE. 3. THOMAS ACHANKUNJU, KAVUNKAL VEEDU, CHATHANTHARA, KUNNAM MURI, KOLLAMULA VILLAGE BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S)/COMPLAINANT --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, EKM PUBLIC PROSECUTOR SMT. PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- Crl.R.P.810/2001 -------------------- Dated this the 26th day of February, 2009 ORDER Accused in C.C.No.311/90 on the files of the Judicial Magistrate of First Class, Ranny, who were convicted for the offence punishable under Section 324 IPC read with Section 34 IPC, are the petitioners herein. They had preferred an appeal as Crl.A.31/1994 before the Sessions Court, Pathanamthitta. Appeal was dismissed as per the following judgment "Appellant called absent. No representation even. Hence dismissed for default." 2. It has been repeatedly held by the Supreme Court including in the judgment in Bani Singh and Others v. State of U.P.(1996 (4) SCC 720) that an appeal against conviction cannot be dismissed for default. If notice of appeal has been given either to the appellant or his pleader, the appellate Court Crl.R.P.810/2001 2 can proceed to dispose of the appeal after perusal of the records and judgment of the trial Court, if the appellant is not in jail. 3. Accordingly, the judgment in Crl.A.31/94 of the Sessions Court, Pathanamthitta, is set aside and the appellate Court is directed to consider and pass fresh orders in Crl.A.31/94. The appellants shall, through their counsel, appear before the Sessions Court, Pathanamthitta, on 30.3.2009. LCR shall be retransmitted to the appellate Court. Criminal Revision Petition is allowed as above. V.GIRI, Judge mrcs