M.C.JAIN, J. - (1.) This appeal was filed by three appellants, namely, (i) Wazibullah, (ii) Santraj and (iii) Mangar against judgment and order dated 22-9-1980 passed by Sri D. P. Srivastava, the then V Additional Sessions Judge, Gorakhpur in Sessions Trial Nos. 149 and 169 of 1979. Wazibullah and Santraj were tried in Sessions Trial No. 149 of 1979 whereas Mangar was tried in Sessions Trial No. 169 of 1979. Sessions Trial No. 149 of 1979 was treated as the leading case and both the sessions trials were decided by a common judgment. The three accused appellants were convicted under Section 396, IPC and sentenced to life imprisonment. Out of them. Wazibullah and Mangar died during the pendency of the appeal and the same abated respecting them by order dated 13-2-2003.
(2.) The Court is presently concerned only with the appellant Santraj. His bail was cancelled on 9-4-1998, but he came to be arrested long after when the non-bailable warrant was again directed to be issued against him on 9-1-2003. Presently he is in Jail. Sri Apul Mishra has been appointed as Amicus Curiae to argue out the appeal for him.
(3.) We have heard Sri Apul Mishra, learned Amicus Curiae for the appellant and Sri A. K. Bhatt, learned A.G.A. from the side of the State. The record has also been perused by us.;