Decided on September 11,1970

Prasanna Gogoi Appellant
STATE Respondents


P.K. Goswami, C.J. - (1.) THE appellant has been sentenced to life imprisonment Under Section 392, Indian Penal Code, and has lodged an appeal before this Court through Counsel. The memorandum of appeal is accompanied by a certified copy of judgment which he had earlier obtained free of cost. The Stamp Reporter has refused to register the appeal unless the required court -fee is affixed on the certified copy of the judgment amounting to Rs. 15/ - under Article 9 of Schedule I of the Court Fees Act. The stamp Reporter has quoted an administrative circular of the High Court dated 2 -5 -1961 whereby it was ordered that "no copy of order or judgment of a criminal proceeding shall be filed, exhibited or recorded in any Court of Justice unless the same is stamped as required under Article 9 of Schedule I of the Court Fees Act and this must be invariably followed by all concerned".
(2.) MR . B. C. Barua, the learned Counsel for the appellant, submits that although the amount is small, he craves for a decision of the Court on the point as, according to him, the insistence of court -fee in such a matter is not warranted by law. We issued notice to the State which is represented before us by the learned Advocate -General, Assam, assisted by the learned Senior Government Advocate.
(3.) THE question raised before us may be stated as follows: Whether the accused having legally obtained a certified copy of the judgment free of cost in a warrant case Under Section 371, Criminal P.C., can file a memorandum of appeal under Section 419, Criminal P.C. without payment of court -fees on the free copy?;

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