KAMLA SHANKER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Kamla Shanker Singh and Ram Naresh Singh applicants have preferred the above mentioned application under section 439 read with sections 482, 399/40 1 Cr. P.C.

(2.) A few facts bearing upon this case are that accused Kamla Shanker Singh, Ram Naresh Singh, Uma Shanker Singh and Rama Shanker Singh, all inhabitants of village Manikpur, Police Station Handia District Allahabad, have been committed to the Court of Sessions for the murder of one Dhan Bahadur Singh, Block Pramukh of Handia Block, Allahabad on 17/9/1987 at about 6.30 a.m. near Lakasha Garhi Market, P.S. Handia, District Allahabad.

(3.) The charges against the accused have also been framed by 6th Additional Sessions Judge, Allahabad on 4/8/1987. However, no evidence could be recorded so far and at present, the trial is pending in the court of 6th Additional District and Sessions Judge, Allahabad. Here it is worthy of mention that according to the explanation furnished by Shri S. M. Pandey, IX Additional Sessions Judge, Allahabad, all the accused have absconded and they have not put in appearance tm 26/10/1981 before the Court of 7th Additional Sessions Judge. The next date fixed for appearance of the accused in the court of 6th Additional Sessions Judge, Allahabad was 10/11/1987.