BALA KRISHNA NARAYANA, ARVIND KUMAR MISHRA,JJ. - (1.) List has been revised. None appears on behalf of the appellant to press this appeal, although, name of Sri Malik Sayeed Uddin and Sri C.K. Jha are printed in the cause list, as counsel for the appellant.
(2.) Record reflects that accused-appellant Buddhu died about 18 years before. Thereafter, this appeal (Criminal Appeal No. 2882 of 1988) was dismissed as abated qua accused-appellant Buddhu, sole appellant in the aforesaid appeal, vide order passed by us on 20.1.2017. The following order was passed by us on 20.1.2017: "Case called out. None appears on behalf of the appellant to press this appeal. Perused the impugned judgment and order and heard Kumari Meena, learned AGA and Smt. Manju Thakur, brief holder for the State. The present appeal has been filed by the appellant Buddhu against the judgment and order dated 5.12.1988 passed by Sessions Judge, Bareilly in S.T. No. 4/1988 State v. Buddhu, Police Station Aonla whereby the appellant has been convicted under Section 302/34 IPC and sentenced to imprisonment for life. The report of C.J.M. Bareilly dated 8.12.2016 which is on record on this appeal indicates that Buddhu, sole accused appellant in this appeal has died 18 years before. In view of above, this appeal stands abated. The appeal is accordingly dismissed as such."
(3.) Record reflects that appellant-Subedar in connected Criminal Appeal No. 2798 of 1988 was enlarged on bail by this Court on 07.12.1988. However, when this appeal came up for hearing on 20.1.2017, none appeared on behalf of the appellant to press this appeal. The following order was passed by us in the aforesaid appeal on 20.1.2017: "Report of CJM Bareilly dated 8.12.2016 indicates that notice sent by this Court to the accused appellant to engage another counsel after the death of Sri Malik Sayeed Uddin, learned counsel for the appellant, has been served on him. Despite service of notice, we find that when the case was called out, no one appeared on behalf on the appellant to press this appeal. Sri A.N. Mulla, Sri J.K. Upadhyay, Sri Saghir Ahmad, Smt. Manju Thakur and Kumari Meena, learned AGAs are present. Perused the order sheet. This appeal is of the year 1988. Record shows that the accused appellant is on bail. In view of above, issue non-bailable warrant against accused-appellant-Subedar through Chief Judicial Magistrate, Bareilly returnable at an early date. In case the appellant surrenders and/or is arrested, he shall be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the undertaking that he shall appear before this Court on the next date fixed. Chief Judicial Magistrate, Bareilly shall submit his report along with copy of bail bonds and sureties furnished by the appellant. List this case on 27th February, 2017.";