SURESH CHANDRA Vs. STATE OF UTTAR PADESH

JUDGEMENT

(1.) The Special Leave Petition was filed by showing the applicant - Siya Ram as the first petitioner along with four other petitioners, for taking exception to the judgment and order dtd. 26/10/2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1815 of 1986. The Sessions Court had convicted the petitioners under Sec. 302 r/w 149 of the Indian Penal Code, 1860. The High Court, by the impugned judgment, scaled down the offence to the one under Sec. 304-Part-I of the Indian Penal Code. The petitioners were sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.15,000.00 each.

(2.) By the order dtd. 29/4/2019, the learned Chamber Judge rejected the application for grant of exemption from surrendering. The learned Chamber Judge, by the order dtd. 15/7/2019, granted time of two weeks to the applicant (first petitioner in the Special Leave Petition) to surrender, failing which the Special Leave Petition qua the first petitioner/applicant herein, was to stand dismissed for non-prosecution without further reference to the Court.

(3.) The applicant did not surrender within the extended time, and therefore, the Special Leave Petition stood dismissed insofar as the applicant is concerned. By the order dtd. 23/8/2019, the said Special Leave Petition was dismissed qua the other petitioners.