<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>On the petition of appeal as presented in the Court below the learned Judge who dealt with the matter clearly exceeded his jurisdiction in summarily dismissing the appeal under section 352(2) of the Criminal Procedure Code. The appeal clearly was not brought solely on the ground that the conviction was against the weight of evidence or that the sentence was excessive, and it is only when an appeal is limited to these grounds that use can be made of the subsection.</p><p>The learned Judge therefore erred in taking the course that he took and to order the appeal to be heard by the superior court would occasion injustice to the appellant who is almost serving out the sentence. In the interests of justice we shall dispose of the appeal forthwith.</p><p>The substituted charge sheet upon which the trial proceeded cannot be traced. It is noted that the main ground of appeal taken by the appellant is that he was convicted on a defective charge and in the absence of it no appellate cour…</p>