DEO RAJ Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 31.10.1981 passed by the VIth Additional Sessions Judge, Allahabad in Criminal Sessions Trial No. 105 of 1980 (State Vs. Deo Raj & Others) whereby he has convicted and sentenced the appellant to life imprisonment under section 302 IPC read with Section 34 IPC and seven years rigorous imprisonment under section 307 IPC read with Section 34 IPC. Both the sentences were directed to run concurrently.

(2.) At the very outset, learned counsel for the appellant has submitted that this matter can not be heard by this Bench in view of the order dated 24.07.2003 passed by another Division Bench of this Court (Hon'ble S.K. Agarwal and Hon'ble V.S. Bajpai, JJ) whereby the appeal has already been allowed and therefore this Court has become functus officio.

(3.) Learned counsel for the appellant while referring to the provisions of Section 353 and 354 Cr.P.C. has submitted that the aforesaid provisions are not applicable in the present matter, since they relate to the procedure for delivery of judgment by the Trial Court. He further placed reliance upon the provision embodied in Section 362 Cr.P.C which provides that "no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error."