CHANDRABALI Vs. STATE

JUDGEMENT

(1.) THIS is an application purporting to be under Section 482 of the Cr. P. C. for recalling of the judgment dated 23rd February 1978 made by Hon'ble S. K. Kaul, J. in Criminal Appeal No. 434 of 1976 whereby he dismissed the appeal of applicant Ram Surat against his conviction and sentence recorded by the learned IV Additional District Judge, Kheri by his judgment and order dated 13th March, 1976.

(2.) APPLICANT Ram Surat was tried along with Chandra Bali and Shamsud-din in the court of the learned IV Addl. Sessions Judge, Kheri. All the three accused persons were found guilty of the offence punishable under Section 395 of the I. P. C. The learned Sessions Judge by his order referred to above sentenced them to undergo rigorous imprisonment for seven years. Against this judgment and order two appeals were preferred in this Court. Criminal Appeal No. 428 of 1976 was preferred by Shamsuddin while Criminal Appeal No. 434 of 1976 was preferred by Chandrabali and applicant Ram Surat. Both these appeals came up for hearing before Hon'ble S. K. Kaul, J. on 28-21978. On that date the learned Counsel appearing on behalf of Shamshuddin argued the case on his behalf. The counsel who was representing applicant Ram Surat and Chandra Bali did not put in appearance. Chandrabali and applicant Ram Surat were not present in the Court personally also. No prayer for adjournment of the case was also made on behalf of the applicant Ram Surat and Chandra Bali. After hearing the learned Counsel appearing for Shamshuddin and going through the record of the case, Hon'ble S. K. Kaul, J. allowed the appeal of Shamshuddin and set aside his conviction and sentence. The learned Judge considered the case of applicant on merits and found that the conviction and sentence recorded against him by the learned court below was merited. Some observation was made in respect of Chandrabali also.

(3.) AFTER the two appeals had been deposed of in the manner indicated hereinabove; the present application under Section 482 of the Cr. P. C. was made on behalf of Ram Surat alone.