DURGA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. This petition has been filed under Section 482 of the Code of Criminal Procedure by the accused persons for recalling/review of the judgment dated 14.09.2018 passed by this Court in Criminal Appeal No.1587/1996.

(2.) The petitioners pray for modification of their conviction under Section 498-A of the Indian Penal Code, which was maintained by this Court vide the order under review. He submitted that the petitioners' counsel could not argue the matter on the date when the case was listed for hearing because the case was overlooked in the cause list. He placed reliance on the decision in the case of State of Punjab v. Davinder Pal Sing , 2011 14 SCC 770.

(3.) Heard learned counsel for the petitioners and perused the record. On perusal of the record, it is apparently clear that after getting facility of bail, original counsel engaged by the appellants did not appear before the Court. The case was pending for about 22 years. Therefore, amicus curiae was appointed to assist the Court and after thoroughly examining the evidence on record, the impugned judgment was passed by this Court.