DHARMARAJ SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have taken out an application seeking appropriate orders in view of the fact that they were not aware of the judgment and order dated 30.11.2017 in CRA 303 of 1994 directing them to execute a bond of peace and good behaviour for a period of two years within a month from the date of communication of this order to the trial court failing which the trial court shall apprehend the appellants and refer the matter to this Court for awarding appropriate sentence upon them in accordance with law.

(2.) Learned counsel for the appellants submits that his clients were not aware of the said judgment and order and were unable to furnish bond as directed and are in custody since 31st January, 2019. By an order of the self-same date the matter has also been referred by the trial court to this Court for awarding appropriate sentence.

(3.) We note that the notice of appeal had been issued on the appellants who chose not to be present during the course of hearing. Accordingly, the apeal was heard upon appointing an amicus curiae to assist the Court and the conviction of appellant no. 1 was modified from Section 307 IPC to Section 325 IPC while that of appellant no. 2 under Section 323 IPC was affirmed.