Garib Lall vs Emperor

In this case the appeal is from a conviction and sentence by the Assistant Sessions Judge of Muzaffarpur, Mr. Raj Kishore. The sentence is less than four years'' rigorous imprisonment. The appeal, therefore, lay to the Sessions Court at Muzaffarpur. It is explained that the appellant felt that it was impossible to appeal to the Court at Muzaffarpur, for the reason that by the time his memorandum of appeal was ready Mr. Raj Kishore had been promoted to the position of Officiating Sessions Judge. We are of opinion that this fact does not give us any jurisdiction to try the appeal. It would have been open to Mr. Raj Kishore, on receipt of the appeal, to either send the case to the High Court for disposal or to have admitted the appeal and postponed it till the return of Mr. Sheepshanks for hearing. We certainly have no jurisdiction to hear the case and must, therefore, send it to the Sessions Judge for disposal. Let the record be sent down at once.