JOGI Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and order dated 15-10-1981 passed by III Additional Sessions Judge, Gorakhpur, in S.T. No. 100 of 1981, State of U.P. v. Jogi, whereby both the appellants Jogi and Kajdeo have been convicted under Section 302 read with S. 34 IPC and sentenced to undergo life imprisonment.

(2.) Earlier both the appellants were represented by Sri Siddharth Shukla, Advocate, who filed the appeal. However, he did not turn up to advance arguments, when the appeal came up for hearing. Therefore, arguments of Sri G. S. Bisaria, learned AGA for the State were heard and judgment was delivered by this Bench on 24-3-2003. The appeal was dismissed.

(3.) The appellants preferred Criminal Appeal No. 673 of 2003, Jogi v. State of U.P., before the Hon'ble Supreme Court. Hon'ble the Apex Court observed that it was a serious matter that the advocate for the appellants did not appear before the High Court even after the matter was adjourned and a fresh date was given. Therefore, the High Court decided the matter after going through the record with the help of the prosecution. The practice of the advocates not to appear in Court in a serious matter like this was deprecated and Sri Siddharth Shukla, Advocate, was directed to personally pay costs of Rs. 2000/- to the Legal Aid Society of the High Court of Allahabad. With these directions, the appeal was remanded for being decided afresh on merits.