manu (advocate) 09 August 2008
dear sirs,
Three accused were tried under 302 of ipc. Among three, two of them were convicted and one was aquitted of the offence as evidence lacked against him. Here state appealed to the high court against the aquittal order and two convicted accused appealed aginst conviction.
my specific query is whether there is any provision for clubbing both the appeals in high court and hear both the appeals as a single one???
deepak kumar (Advocate) 09 August 2008
since both the appeals arise from the same judgement they would be heard together. You have to mention the case giving the number of the state appeal
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Kiran Kumar (Lawyer) 10 August 2008
dont worry, u need not to move any particular application in this regard. since FIR in both the cases is same the High Court registry will take care of it and will place both the cases before the same bench.
In case it is not done then ur counsel may request in the respective court for hearing of both the petitions together.
Tribhuwan Pandey (Advocate) 10 August 2008
Mr. manu if all three accused were tried against the single offence committed by them together and one has been acqitted. Appeals of all three are in High Court and you need simply to mention before the Court to club the other appeals which has been decided by the Trial Court by a same judgment and same FIR (and supply the appeal number to the Court) when any one appeal will be listed for hearing.
Tribhuwan C. Pandey
Advocate
davinder (advocate) 12 August 2008
yes mr manu these two appeals arise from the same judgement so both be heard together
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