BHAGWATI DAYAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and orders dated 17-1-1981 recorded by the Sessions Judge, Ballia, in S.T. No. 178 of 1990, whereby the two appellants were convicted under Sections 302/34, IPC, as also under Ss. 323/34, IPC and were sentenced on the first count to Life Imprisonment and on the second count for R.I. for 6 months. The appeal was preferred on 20-1-1991 and on that very date Bhagwati Dayal Singh was directed to be released on bail. The prayer for bail on behalf of Ranjit Bahadur Singh was considered after receipt of the records and he too was allowed bail by an order of this Court dated 15-5-1981.

(2.) The matter was heard before a Division Bench comprising of Hon. S.K. Verma and Hon. R.N. Ray, JJ. on 25-7-1996 and judgment was reserved. On 3-10-1996 a judgment of dismissal was recorded under the signatures of Hon. A.N. Gupta and Hon. R.N. Ray, JJ. although Hon. A.N. Gupta, J. was not in the bench which had heard the appeal. It appears that the judgment was dictated by Hon. R.N. Ray and on the relevant date he was sitting with Hon. A.N. Gupta, J. and through sheer mistake it was signed by Hon. A. N. Gupta , J. as well. when the matter was brought to the knowledge of the Division Bench comprising of Hon. S.K. Verma and Hon. R.N. Ray, JJ. their Lordship recorded an order dated 20-11-1996 in the following words;"We are satisfied that the grounds for recalling the judgment and order dated 3-10-1996 are justified . The judgment and order dated 3-10-1996 is, therefore, recalled. The appeal may now be listed before some other bench of which both of us are not members."

(3.) In terms of this order, the matter was listed before a Division Bench constituted by other Hon'ble Judges and in the meantime the appellant Bhagwati Dayal Singh had died and Sri P.N. Misra, Advocate, brought this fact to the notice of the Court. A report from the CJM. Ballia, was called for and received and the report confirmed the death of appellant Bhagwati Dayal Singh. When the matter came up before us the fact of death of Bhagwati Dayal Singh was taken note of and the appeal was heard in respect of Ranjit Bahadur Singh only. The complainant also appeared through his counsel and he too was heard.