STATE OF HIMACHAL PRADESH Vs. CHANDAN LAL
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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(1.) THE respondent, Chandan Lal was convicted by the Magistrate first class, Kasumpti, of an offence under Section 19 (f), Arms Act, and sentenced to undergo six months R. I. He preferred an appeal which was allowed by the learned Sessions Judge of Mahasu (Shri Chet Ram), who set aside his conviction and acquitted him. The State Government has now come up in appeal under Section 417, Cr. P. C.
(2.) BEFORE I come to the merits of the case, I shall deal with a few preliminary objections raised on behalf of the respondent to the competency of this appeal.
(3.) IN the first place, it was contended that the appeal is time-barred. The Sessions Judge acquitted the respondent on 26-9-1953. Five days were taken in preparing a copy of the Sessions Judge's judgment. Limitation, therefore expired on 29-3-1954. The appeal was presented to this Court on 23-3-1954, prima facie, within the period of limitation. Learned counsel for the respondent, however, pointed out that the memorandum of appeal was not accompanied by a copy of the Government order, sanctioning the filing of the appeal. It was, therefore, argued that there was to valid appeal before this Court within the period of limitation.;
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