HARENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellants who are both own brothers stand convicted to life imprisonment under Section 302 IPC on 4.5.2001 by the Second Additional Sessions Judge, Kanker in Sessions Trial No.335 of 1999 with regard to an occurrence of 29.3.1999 for the murder of their younger brother over a land dispute.

(2.) The present appeal was filed in the year 2001 and admitted on 11.5.2001. The Appellants were granted bail on 3.8.2004. The matter has thereafter been regularly adjourned at the behest of the Appellants on 30.1.2009, 10.7.2014, 17.7.2014 and 24.7.2014 and 31.10.2014. Today, when the matter is taken-up no one appears on behalf of the Appellants who continue to enjoy the privilege of the bail. The name of the Counsel appears in the cause-list and it has also been displayed on the Electronic LED Display that the case has been called out despite which there is no appearance.

(3.) Considering the age of the appeal, we are not inclined to adjourn it on that ground in view of the observations in Surya Baksh Singh v. State of Uttar Pradesh, 2014 14 SCC 222 and have taken up the appeal for consideration with the assistance of the State Counsel.