SSM 1 205.apeal.417.93 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 417 OF 1993. Shri. Dilip Bhau Kumbhar and others ....Appellants Versus The State of Maharashtra ....Respondent ________ Mr. B. K. Raje for the Appellants. Mrs. Geeta P. Mulekar, APP for the State. CORAM: R. C. CHAVAN, J. DATED : MARCH 9, 2011. P.C.: It is unfortunate that this Appeal filed in the year 1993 against the order of the Assistant Sessions Judge, Satara, has to be transferred to the Sessions Court for the following reasons: 2. This Appeal is against a conviction recorded by the Assistant Sessions Judge, Satara for offences punishable under Section 306, 498-A read with Section 34 of the Indian Penal Code. For the offence punishable under Section 306 of the Indian Penal Code, one of the Appellants has been sentenced to suffer R.I. For one SSM 2 205.apeal.417.93 year and to pay fine of Rs.500/- or in default further R.I. for two months and and others have been sentenced to suffer R. I. for six months each and to pay fine of Rs.300/- each or in default further R.I. for one month. For the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code, all the appellants have been sentenced to suffer R.I. for two months and to pay fine of Rs.200/- each or in default further R. I. for 15 days. There is no doubt that the trial was conducted by the Assistant Sessions Judge as could been seen from the charge framed as also the title of the judgment. The Memo of Appeal also shows that the Appellant has preferred Appeal against the judgment and conviction recorded by the Assistant Sessions Judge. 2. Section 374 of the Code of Criminal Procedure which regulates filing of Appeals reads ad under: “374- Appeals from convictions:-(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may SSM 3 205.apeal.417.93 appeal to the Supreme Court. (2) any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial], may appeal to the High court. (3) Save as otherwise provided in sub-section (2), any person- (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or (b) sentenced under section 325, or (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session. ” 3. Since, in this case, the Applicants are not persons convicted by the Sessions Judge or an Additional Sessions Judge or by any other Court in which sentence of imprisonment of more than 7 years has been imposed, the Appeal would not lie to this Court. In terms of provisions of Section 374 (3) of the Code of Criminal Procedure, the Appeal would have to be filed in the Court of Sessions SSM 4 205.apeal.417.93 at Karad, District – Satara. In view of this, the registry to transfer this Appeal for disposal according to law to the Court of Sessions at Karad, District – Satara. The learned Counsel for the Appellant may informed the Appellants that they would be required to appear at the Sessions Court, Karad, District – Satara on 28 th March, 2011. 4. Mrs. Geeta P. Mulekar, learned APP would also ensure that the Additional Public Prosecutor at Karad is informed of this development. Record and Proceedings be promptly sent to the Court of Sessions at Karad, District – Satara. The learned Additional Sessions Judge sitting at Karad, District – Satara would take up this Appeal for hearing the moment he receives it and dispose it of as expeditiously as possible. Appeal should be shown disposed off in the registry of this Court. Bail to continue. (R. C. CHAVAN, J.)