SHAUKINSINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment dated 31st October, 1980 of the Allahabad High Court maintaining the conviction and sentence of the appellant under the second part of S. 304 read with S. 34 of the Indian Penal and S. 323 read with S. 34 of the Code.

(3.) The learned Sessions Judge tried the accused for offences under S. 302 read with S. 34 and S. 323 read with S. 314 but convicted and sentenced them as mentioned above. An appeal was filed in the High Court through counsel, but when it was taken up for hearing counsel did not appear, and when it was taken up again some time later counsel applied for adjournment on the ground that he was busy arguing a case in another court. The learned single Judge of the High Court did not accept the request and proceeded with the case with the assistance of the Deputy Government Advocate for the State, and he thereafter dismissed the appeal. The High Court found that the appellants had the intention of causing the death of the deceased. But since no appeal had been preferred by the State against the acquittal under S. 302 of the Code, the Court maintained the conviction and sentence imposed by the learned Sessions Judge. Counsel for the appellants applied for recalling the judgment and restoring the appeal. The application was rejected. The appellants then applied for special leave against that order, but without success.