Telangana High Court
CRLA/1048/2014 of Gotte Anjaiah, Vs State of Telangana on 30 December 2014
RAJA ELANGO CRIMINAL APPEAL No.1048 of 2014 JUDGMENT: Heard and perused the entire records. From the judgment under appeal, it is evident that the accused is convicted and sentenced to undergo rigorous imprisonment for a period of five years for the offence under Section 489 (c) IPC and
HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.1048 of 2014
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JUDGMENT:
Heard and perused the entire records.
From the judgment under appeal, it is evident that the accusedis convicted and sentenced to undergo rigorous imprisonment for aperiod of five years for the offence under Section 489 (c) IPC andfurther convicted and sentenced to undergo rigorous imprisonment forseven years for the offence under Section 489 (d) IPC. The trial Courtdirected that the above sentences shall run consecutively.
It is submitted before this Court that when the accused preferredan appeal before the District and Sessions Court, Medak atSangareddy, the learned District & Sessions Judge returned theappeal on the ground that the sentence is more than seven years.
The view expressed by the learned District & Sessions Judge, inthe opinion of this Court, is not legally valid. Section 374(2) speciallystates that any person convicted on a trial held by a Sessions Judge oran Additional Sessions Judge or on a trial held by any other Court inwhich a sentence of imprisonment for more than seven years has beenpassed against him or against any other person convicted at the sametrial, may appeal to the High Court.
In view of the above provision, though both the sentences weredirected to be run consecutively and though the total period is morethan seven years, the jurisdiction of the District Judge cannot beceased off.
The Registry is directed to transmit the appeal to the District andSessions Court, Medak along with material papers.
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RAJA ELANGO, J