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2020 Supreme(SC) 813

UDAY UMESH LALIT, VINEET SARAN, S.RAVINDRA BHAT
SUBEDAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
For the Petitioner: Ms. Qurratulain, AOR, Mr. Brij Kishore Sah, Adv., Mr. Anil Kumar Sharma, Adv.
For the Respondent: Mr. Sanjay Kumar Tyagi, AOR

ORDER :

1. Leave granted.

2. This appeal challenges the order dated 06.04.2017 passed by the High Court of Judicature at Allahabad dismissing Criminal Appeal No.2798 of 1988.

3. The appellant and one Buddhu were convicted under Section 302 read with Section 34 IPC and were sentenced to suffer life imprisonment by the Trial Court.

4. Criminal Appeal Nos.2798 and 2882 of 1988 were preferred by said convicted accused respectively challenging their conviction and sentence. Accused Buddhu expired during the pendency of the appeal and the proceedings in relation to him stood abated.

5. The appeal preferred by the appellant came up before the High Court and opening sentences in the judgment passed by the High Court were as under:

    “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.”

6. Thereafter, the High Court went into the matter and affirmed the view taken by the Trial Court.

7. One of the submissions urged on behalf of the appellant is that the appeal was disposed of in absence of any representation on behalf of the appellant.

8. It is wel

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