CHHOTEY LAL Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed in 1980. The appellant Chhotey Lal Yadav was convicted under Section 302 and was sentenced to life imprisonment by Vth Additional Sessions Judge, Allahabad vide impugned judgment and order dated 29.9.1980 passed in Sessions Trial No.266 of 1978 "State v. Chhotey Lal Yadav" son of Mahadeo Yadav, r/o 97, Mohtshimganj, P.S. Kotwali, District Allahabad.

(2.) THE appeal came up for final hearing before a Bench constituting Hon'ble S.K. Agarwal, J. and Hon'ble K.K. Misra, J. There was a difference of opinion in both the judges vide judgment and order dated 8.8.2003. Hon'ble S.K. Agarwal, J. allowed the appeal in toto and acquitted the appellant. Hon'ble K.K. Misra, J., however, delivered a non -concurrent judgment disagreed with Hon'ble S.K. Agarwal, J. and dismissed the appeal in full. As is required under the Cr.P.C., after difference of opinion, the appeal was listed for opinion before five Hon'ble Judges but unfortunately the opinion could not be delivered, this is clear from the office report dated 12.3.2008 and subsequent order sheets. At last, Hon'ble the Chief Justice, was pleased to nominate this Bench vide order dated 30.11.2010 i.e. how this appeal has now been listed before me for final hearing. It is printed at Sl. No.33 in the weekly cause list under the heading "for Final Hearing/Disposal".

(3.) AFTER the above order was dictated in open Court, one of the counsel appeared and informed the Court that Sri Rajiv Gupta will argue the appeal. Sri Rajiv Gupta, learned counsel is present in the Court. He stated that there is a marriage in his family and, therefore, the appeal be listed on 15.11.2011, on which date he undertakes that he will argue the appeal positively.