AJGOR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal a rises from a judgment of the Sessions Judge. Kokrajhar given on 22 June 1982 in Sessions Case No. 14(K) of 1981 convicting the appellants under S. 304, Part I read with S. 34 of the Penal Code and sentencing them to R.I. for 3 years each.

(2.) This appeal was called on for hearing on 13 Aug., 1987. Neither the appellants nor their counsel appeared when the appeal was called on for hearing. I was of the view that if the appeal was to be allowed, the appellants or their counsel might not be heard. Therefore, the matter was taken up for hearing in the presence of the learned Public Prosecutor, Assam. However, on 13 Aug., 1987 the hearing was not concluded. Therefore, the matter was again taken up on 14 Aug., 1987 for hearing. Neither the appellants nor the counsel for the appellants was present on 14 Aug., 1987 also.

(3.) In the cause list and Paper Book, the names of Mr. Md. Suleman and Mr. Ahmed Ali are shown as counsel for the appellants. As regards the absence of the appellants or their counsel in a criminal appeal against the order of conviction and sentence, the Supreme Court has, in Ram Naresh v. State of Bihar, AIR 1987 SC 1500, held :