IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.158 of 1988 NARAIN RAUT & ORS………………………………………………..APPELLANTS Versus THE STATE OF BIHAR…………………………………………..RESPONDENT. ----------- 4. 23.2.2010. This appeal has been directed against the judgement of conviction dated 21.3.1988 passed by the learned 2nd Assistant Sessions Judge, Motihari in Sessions Trial No.9 of 1978. This appeal was placed for admission before the Division Bench with a report by the Stamp Reporter, as may appear from the report pasted on the first page of the memo of appeal, that there had been no direction of the court that the sentences awarded to the appellant nos.1 and 5 had to run concurrently, the terms of imprisonment awarded to those appellants were presumed to run separately. It was noted further by the Stamp Reporter that the terms of imprisonment awarded to the appellants, when taken together, exceeded ten years and as such the appeal was maintainable before this court and before its Division Bench. We want to point out that the Stamp Reporter made a wrong and erroneous report to this court, presumably on account of the typed certified copy of the judgement not containing the last line of the - 2 - judgement which appears at page 82 of the paper book indicating that the trial court had directed all sentences to run concurrently. Thus, the maximum sentence that the appellants were to serve out was seven years, as a result of which the jurisdiction of this court and specially its Division Bench was completely ousted. In the light of the above, we do not have any jurisdiction to hear the appeal as the appeal shall have to be heard under Section 374 of the Cr.P.C. by the Sessions Judge of the Judgeship of East Champaran at Motihari. Let the memo of appeal as also the records of the lower court be transmitted immediately to the Sessions Judge, East Champaran at Motihari who shall list it before him or get it listed before any competent court for hearing and disposal within a maximum time frame of two months from the date of receipt of the records. The order of admission of the appeal and the order admitting the appellants are not being disturbed for the ends of the justice. B.Kr. ( Dharnidhar Jha, J. ) (Birendra Prasad Verma,J. )