STATE OF U. P. Vs. MAHIPAL

JUDGEMENT

(1.) The Government Appeal No. 213 of 1984 has been filed praying to set aside the acquittal of the accused/opposite party under Sec. 302 IPC. The Criminal Appeal No. 2419 of 1983 has been filed praying to set aside the conviction of the appellant under Sec. 304 Part-II read with Sec. 34 IPC and to acquit the accused/appellant. Both the appeals arise from the judgment and order dtd. 10/10/1983 in Sessions Trial No. 156 of 1982 (State Vs. Mahipal) passed by the Sessions Judge, Jhansi convicting the accused Mahipal under Sec. 304, Part II IPC, read with Sec. 34 IPC, and sentencing him to undergo five years R.I.

(2.) These two appeals are connected and pending in this Court from the last about 40 years. Since, the accused/appellant was not present, therefore, this Court in the Government Appeal No. 213 of 1984, vide order dtd. 1/7/2013 directed the Chief Judicial Magistrate, Jhansi to take recourse to all the process permissible under law including issuing bailable warrant against the accused Mahipal for procuring and ensuring his presence before this Court on 5/8/2013. It was further observed that in case the accused/respondent is reported to have died then, the Chief Judicial Magistrate shall verify the fact of death of the accusedrespondent. As per office report dtd. 6/9/2013, the respondent Mahipal Singh has left the place of his residence about 20 years ago. Thereafter, several orders were passed from time to time and office reports were submitted. Order dtd. 18/4/2015 passed by this Court reads as under:

(3.) Thereafter, Sri Ray Sahab Yadav and Sri Surendra Kumar Yadav have put in appearance on behalf of the accused-respondent, who stated on 20/7/2015 that a criminal appeal has been preferred against the conviction. Vide order dtd. 5/8/2015, this Court directed the office to trace out the said appeal. The office traced out the appeal filed by the accused-respondent against conviction under Sec. 304 Part-II read with Sec. 34 IPC. Vide order dtd. 27/8/2015 and 21/9/2015, the Criminal Appeal No. 2419 of 1983 filed by the accused Mahipal was directed to be connected with the present Government Appeal No. 213 of 1984. The accused/respondent Mahipal had filed the Criminal Misc. Bail Application No. 434823 of 2015 and was released on bail by order dtd. 29/1/2016. Thereafter, these two appeals were listed number of times but none appeared on behalf of the accused. Consequently, non-bailable warrant was issued by order dtd. 27/2/2019. An order dtd. 15/5/2019 was passed directing the Superintendent of Police, Jhansi to ensure the arrest of the accused Mahipal Singh. It appears that thereafter based on office reports, this Court passed an order dtd. 9/9/2022, as under: