MANGILAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against their conviction under Section 302/34 of the IPC and sentence to imprisonment for life and fine of Rs. 1,000/- to each appellant, in default of payment of fine additional S. I. for 2 months passed by Learned Sessions Judge, Mandsaur dated 30-11-1998 in Sessions Trial No. 15/98.

(2.) None is present on behalf of the appellants. Appellant No. 1 Mangilal and No. 2 Ramchandra are on bail. Appellant No. 3 Bagdiram is in jail because he could not furnish the bail bond and surety bond in pursuance of the order of issuance of bailable warrant dated 30-8-2006. This is the appeal of the year 1998. This appeal was listed on 8-12-2006 and also in weekly list but neither the appellant Nos. 1 & 2 nor counsel for the appellants was present on that day. Therefore, it was adjourned and again listed in weekly list of 2nd January, 2007. On 2nd, 3rd and 4th January, 2007, nobody appeared on behalf of the appellants. Appellant Nos. 1 and 2 have also not appeared. Today, again the appeal is called for final hearing. Neither the appellant Nos. 1 and 2 nor their advocates are present, therefore, in view of Supreme Court judgments passed in case of Beni Singh v. State of U. P. (AIR 1996 SC 2439) : 1996 Cri LJ 3491 and Kishan Singh v. State of U. P. (1996 (9) SCC 372), we have heard this appeal on merit.

(3.) The necessary facts for disposal of this appeal are as follows :