- (1.) This appeal has been preferred against the joint judgment of conviction and punishment dated 14.05.2015 passed by Sessions Judge, Kanpur Nagar in S.T. No. 512 of 2012 (State Vs. Saurabh Verma @ Shailendra Verma) in case crime no. 183/ 2012 under section 302, 307, 506, 332 and 353 IPC & Section 7 Criminal Law Amendment Act, p.s. Naubasta, Kanpur Nagar, and S.T. No. 513/2012 (State Vs. Saurabh Verma @ Shailendra Verma) in case crime no. 184 of 2012 u/ss 25/30 Arms Act, p.s. Naubasta, Kanpur Nagar.
(2.) At the very outset an issue which has been raised about the case being taken up for summary dismissal under Section 384 Cr.P.C. deserves to be considered. Section 384 reads as follows :- 384. Summary dismissal of appeal - (1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily : Provided that- (a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired. (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4)Where an appeal presented under section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
(3.) Section 385 would also be relevant and therefore the same is extracted hereinunder :- "385. Procedure for hearing appeals not dismissed summarily.- (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given- (i) to the appellant or his pleader; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3)Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not except with the leave of the Court urge or be heard in support of any other ground.";