AIR 1938 ALLAHABAD 102

Allahabad High Court

Hon'ble Judge(s): Iqbal Ahmad, Harries , JJ

(A) Criminal P.C. (5 of 1898) , S.408— Trial does not include "judgment" - Trial held and arguments heard by Assistant @page-All103Sessions Judge - Judge made Additional Session Judge before pronouncing judgment - Appeal from conviction lies to Sessions Judge and not to High Court. The word "trial" in the Code of Criminal Procedure as amended by Act 18 of 1923 has been used in a restricted sense and does not include judgment in a case. Conclusion of the trial of a case takes place before the judgment is delivered, and the judgment therefore is no part of the trial and is outside the scope of a trial as contemplated by the Code of 1898.(Para 105C1,2 106C1) Where therefore a trial is held and the arguments heard by an Assistant Sessions Judge but he is made an Additional Sessions Judge before he pronounces the judgment, the appeal against his order of conviction lies to the Court of Session and not to the High Court. The order making him an Additional Sessions Judge though retrospective in terms takes effect under S. 39 only from the date on which it is communicated to him :(Para 103C2 106C2) (B) Criminal P.C. (5 of 1898) , S.404— S.404 has nothing to do with forum of appeal. ....