FAZIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The above two appeals are filed by accused Nos.1 and 3 in S.C.No.76/1996 on the file of the 1 st Additional Sessions Judge, Kollam. The appellants and others were chargesheeted by the Kollam West Police alleging the offences punishable under Sections 143, 147, 148, 341, 324, 427 and 302 r/w 149 IPC . This case was posted on 5.6.2020 with a note from the Registry. After going through the note, this Court passed the following order:

(2.) Today the learned counsel for the appellant in Crl.Appeal No.670 of 1999 appeared before this Court and submitted that, he has no instruction from his client. Nobody appeared in Crl.Appeal No.411 of 1999. The learned counsel who filed the above appeal, is elevated as a Judge of this Court.

(3.) As per the report of the Registry, it is seen that, the appeals were dismissed for non-prosecution on 24.7.2007 and as per the endorsement in the docket of these two appeals, it is seen that the judgment was recalled on 26.7.2007. But the order of recalling the judgment is not available in the files. Since there is an endorsement in the docket of these two appeals to the effect that, the order dated 24.7.2007 is already recalled, it can be treated that, the above two appeals are pending.