VIRENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant's herein, namely, Virendra Singh, Vedram and Rameshwar were tried by IVth Additional Sessions Judge, Mainpuri in S.T. No.352 of 1979 for offence under sections 395 and 412 IPC, P.S. Kuraoli, District Mainpuri and vide impugned judgment of conviction and order of sentence dated 7.4.82, they were convicted of the offence under Section 395 IPC and were sentenced to undergo four years R.I. Hence this appeal.

(2.) Perusal of the order sheet of the appeal indicates that accused were served with notices and in pursuance of the order dated 25.4.2007, they had engaged Mahendra Nath Pandey, as their counsel in this appeal. Sri Pandey, learned counsel is not present even in the revised call to argue the appeal. Order sheet further indicates that one or other appellant kept on absconding and NBW against them has been issued and subsequently recalled. Appellant no.2 meanwhile had engaged another counsel Sri Rajesh Kumar Yadav and, therefore, appellant nos.1 and 3 are represented by Sri M.N. Pandey and appellant no.2 is represented by Sri Rajesh Kumar Yadav advocate. On 12.9.2012, when the appeal was called out for final hearing, none of the aforesaid two counsel appeared to argue the appeal and, therefore, the Court was constrained to issue NBW against the appellants through C.J.M., Mainpuri. Subsequently, it seems that the appellants appeared before this Court, as their thumb impressions etc. is on the order sheet dated 13.10.2012 and 15.10.2012. On 3.1.2013, hearing of the appeal was got deferred at the request of counsel for the appellants. On 31.3.2014 again Sri M.N. Pandey, learned counsel did not appear to argue the appeal.

(3.) In the above background as stated above, because of the non cooperative attitude of the counsel for the appellants, hearing of the appeal cannot be deferred. Appeal, therefore is taken up in the revised list for final hearing and Miss Ibha Sinha, learned counsel was appointed as amicus curiae to argue the appeal. With her and the help of Sri Sangam Lal Kesherwani, learned AGA, I have gone through the records and finally heard the appeal. After so much order as above was dictated in open court that Sri Mahndra Nath Pandey, learned counsel representing the accused appeared. He therefore has also been heard in support of the appeal.