Chhotey Lal vs State

Hon''ble Vinod Prasad, J.—This appeal was filed in 1980. The appellant Chhotey Lal Yadav was convicted u/s 302 and was sentenced to life imprisonment by Vth Additional Sessions Judge, Allahabad vide impugned judgment and order dated 29.9.1980 passed in Sessions Trial No.266 of 1978 "State v. Chhotey Lal Yadav" son of Mahadeo Yadav, r/o 97, Mohtshimganj, P.S. Kotwali, District Allahabad.

The appeal came up for final hearing before a Bench constituting Hon''ble S.K. Agarwal, J. and Hon''ble K.K. Misra, J. There was a difference of opinion in both the judges vide judgment and order dated 8.8.2003. Hon''ble S.K. Agarwal, J. allowed the appeal in toto and acquitted the appellant. Hon''ble K.K. Misra, J., however, delivered a non-concurrent judgment disagreed with Hon''ble S.K. Agarwal, J. and dismissed the appeal in full. As is required under the Cr.P.C., after difference of opinion, the appeal was listed for opinion before five Hon''ble Judges but unfortunately the opinion could not be delivered, this is clear from the office report dated 12.3.2008 and subsequent order sheets. At last, Hon''ble the Chief Justice, was pleased to nominate this Bench vide order dated 30.11.2010 i.e. how this appeal has now been listed before me for final hearing. It is printed at Sl. No.33 in the weekly cause list under the heading "for Final Hearing/Disposal".

In the revised call nobody appeared from the side of the appellant to argue the appeal. Judgment rendered by the earlier Division Bench indicates that Late A.D. Giri had addressed the Bench as his name finds mentioned in the judgment of both the Hon''ble Judges delivered on 8.8.2003.

After the above order was dictated in open Court, one of the counsel appeared and informed the Court that Sri Rajiv Gupta will argue the appeal. Sri Rajiv Gupta, learned counsel is present in the Court. He stated that there is a marriage in his family and, therefore, the appeal be listed on 15.11.2011, on which date he undertakes that he will argue the appeal positively.

List this appeal at the top of the list peremptorily on the aforesaid date.

Meanwhile issue bailable warrant of arrest against the appellant to be served to him through Chief Judicial Magistrate, Allahabad. If the appellant is arrested and/or surrenders before Chief Judicial Magistrate, Allahabad he shall be released on executing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Allahabad. Both the sureties be his family members. The appellant is also directed to be present in Court in person.

Copy of this order is directed to be communicated to the Chief Judicial Magistrate, Allahabad today itself who is directed to comply and send its report by the next date.