M.C.JAIN, J. - (1.) Four appellants, namely, Rakesh, Ram Babu, Rajendra Kumar alias Rajjan and Basant preferred this appeal against judgment and order dated 6-6-1980 passed by Sri D. K. Trivedi, the then VII Additional Sessions Judge, Kanpur in Sessions Trial No. 64 of 1979. Each of them has been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced to life imprisonment. It was one Prem Kumar alias Chillu who was murdered in this incident which occurred on 24-11-1977 at about 7.15p.m. in Ahata Sawai Singh situated in Pheelkhana, District Kanpur Nagar. The distance of the police station from the place of occurence was only 4 Furlongs and the report had been lodged by Manoj Kumar Dixit P.W. 3 (nephew of the deceased), not an eye-witness.
(2.) This appeal earlier came up for hearing, but none turned up from the side of the appellants even at the revision of the list, though they were represented on record by certain lawyers. This Bench, therefore, heard learned A. G. A. on behalf of respondent- State and after going through the record the appeal was decided on merits on 31 -1 -2003. The appeal was dismissed.
(3.) The appellants Rakesh, Rajendra Kumar alias Rajjan and Basant went in appeal before Apex Court. By order dated 9-10-2003, the Apex Court remanded the appeal for being decided after hearing the arguments of the counsel for the appellants. The relevant part of the Order of the Apex Court reads as under : ".......Criminal appeal shall be restored to the file of the High Court. The parties are directed to appear before the High Court on 10 th November, 2003 on which date the Criminal Appeal must be listed on the board of the concerned Court. The High Court may hear the matter on that date or any other date convenient to it. If the appellants' counsel does not appear on 10th November, 2003 or on any other day on which the High Court fixes for hearing, the High Court may then proceed ex-parte. Otherwise, the High Court to hear the appellants before disposing of the matter on merits. The appeal stands disposed of accordingly.";