- (1.) This criminal appeal has been preferred against the judgement of the Additional Sessions Judge/ Special Judge, Fatehpur dated 5.2.1983, convicting and sentencing the appellants Girja Shankar alias Ram Shankar, Virendra, Anant Swarup and Satya Brat alias Poori Lal, under section 302/34 I.P.C to imprisonment for life. The appellant Virendra has also been convicted to six months RI under section 25 of the Arms Act.
(2.) As the appellants Girja Shankar alias Ram Shankar and Satyabrat alias Poori Lal have died and a report confirming their deaths was received from the Court below, the appeals preferred by the said appellants were made to abate by an earlier order dated 23.3.2012. Now only the appeal against the appellant Virendra and Anant Swarup survives.
(3.) This case was listed peremptorily today, as learned counsel Sri G.P. Dixit had not appeared on the previous occasion and it was a very old matter. Even today when the case was called out in the revised list, the learned counsel has chosen not to appear. In view of the law laid down in Bani Singh Vs. State of U.P., 1996 4 SCC 720 and K.S. Panduranga Vs. State of Karnataka, 2013 3 Scale 152, we propose to hear and decide this appeal after hearing learned A.G.A and after perusing the trial court judgement and record.;