- (1.) THE instant appeal has been filed by Appellants, Ashok Kumar, Triveni, Girija, Om Prakash against the judgment and order of conviction dated 27.10.2004/28.10.2004 passed by Additional Sessions Judge/Fast Track Court -I, Faizabad in Sessions Trial No. 321 of 1992, where by the Appellants were convicted and sentenced to imprisonment of life and fine of Rs. 5000/ -, failing which, six months additional rigorous imprisonment under Section 302/149 Indian Penal Code and one year additional rigorous imprisonment under Section 148 Indian Penal Code. Both the sentences were directed to be run concurrently.
(2.) ON perusal of the records, it reflects that appellant No.2Triveni, who is in Model District Jail, Lucknow, has sent letters dated 15.10.2010 and 27.1.2010 stating therein that he had filed a written statement earlier and in case his Counsel is not pressing his appeal on the date of listing, his appeal may be decided on the basis of written statement submitted by him. Furthermore, his appeal may be decided, expeditiously. Today, Sri Syed Moonis Jafri, Advocate, who has filed the instant appeal on behalf of the appellants, is present, whereas Sri Praveen Tripathi, Advocate, who has filed an application for short term bail (C.M.Application No. 42782 of 2011) on behalf of the appellants, is not present. It appears that on the short term bail application, on the request of Sri Praveen Tripathi, Advocate, this Court, vide order dated 21.4.2011, granted time to file better affidavit but till date, no better affidavit has been filed by Sri Praveen Tripathi, Advocate.
(3.) SINCE appellant No.2 Triveni had desired through the aforesaid letters that his appeal may be decided on the basis of the written statement filed by him and on the other hand, he had engaged his Counsel to argue the appeal and as such, we deem it fit to summon appellant No.2 to know the fact as to whether he wants to argue the case in person or his Counsel.;