ORDER

Leave granted.

2. In this case this appellant stands convicted under Section 436 of the Indian Penal Code read with Section 149-IPC and each of them was sentenced to rigorous imprisonment for a period of three years. They jointly filed an appeal before the High Court, Patna, which remained in the list for ten years. On 13.11.97 when the case was taken up for hearing before a learned Single Judge he found that the Counsel for the appellant was not present. So, he kept it aside and took up the matter during the post lunch session. Even then nobody appeared for the appellants. Hence he proceeded to hear the Government advocate and perused the records and disposed of the matter as per the impugned judgment by which the conviction and sentence were confirmed as against all the appellants.

3. The gravamen of the allegation is that these appellants went to demolish a wall and when that was objected by the owner of the wall, PW-2 - Ramkeshwar Dusadh an exhortation was made by the first appellant to set fire to the house. That exhortation was responded by the third accused by setting fire to the house and the whole house was gutted.

4. Learned Counsel submitted that first appellant is eig