TMI Blog1995 (5) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... onths and also to pay a fine of Rs. 10,000/- in default rigorous imprisonment for six months. As against this conviction, she filed the appeal in C.A. No. 111/91 on the file of the Sessions Court, Madras, and while the appeal was pending, he died. The revision petitioner. as legal representative of the deceased appellant, filed the petition under Section 394 Code of Criminal Procedure along with the petition under Section 5 of the Limitation Act to condone the delay of 195 days in filing the petition to continue the appeal stating that after the death of her husband, she had been to her native State Rajasthan and she was able to return only after six months and therefore the delay has occurred. 3.The respondent opposed the petition under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel appearing for the revision petitioner contended that in Manguram v. Delhi Municipality the Apex Court has considered its previous decision in Lala Ram v. Hari Ram, but thoroughly viewing the scope of Section 29(2) of the Limitation Act it has accepted the applicability of Sections 4 to 24 of the Limitation Act and therefore, this view alone has to be followed. As Mattulal v. Radhe Lal gives the guidelines to follow the decisions of the Supreme Court whenever there were contradictory decisions and in such cases to follow the decisions of the larger Bench, the learned Sessions Judge was right in following the earlier decisions of the Apex Court in Lala Ram v. Hari Ram. But this case is distinguishable on another factor namely t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the meaning of Section 431. All that is necessary is that a sentence of fine should have been imposed on the accused and the appeal filed by him should involve the consideration of the validity of that sentence. 11....... 12. The appeal filed by the accused Harnam Singh in this Court was thus an appeal from a sentence of fine, involving as it did the consideration as regards the legality or propriety of that sentence. The deceased appellant's widow, who has been brought on the record as his legal representative is accordingly entitled to prosecute the appeal. 13......In an appeal from a judgment imposing a sentence of fine either by itself or along with a sentence of imprisonment, the legality or propriety of the sentence of fine nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal is against the sentence of imprisonment and also fine, naturally, the revision petitioner, who is the widow of the deceased appellant, is entitled to continue the appeal in so far as the fine is concerned. But as the Supreme Court in Harnam Singh v. State of Haryana (referred supra) has found that when the legality of the conviction as to the fine was considered and if the same was found to be wrong, the entire conviction, for the imprisonment also, has to be set aside, on the ratio of this decision, the revision petitioner herein will have to be allowed to continue the appeal not only against the sentence of fine but also for the substantive sentence. Therefore, necessarily, she has to be permitted to continue the appeal against t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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