1. This is an application under Sec. 561A, Code of Criminal Procedure, for re-hearing of Criminal Appeal No. 202 of 1960. This appeal was preferred from jail by the appellant Ramballabh Jha who was convicted under Sec.302, Indian Penal Code, and sentenced to undergo rigorous imprisonment for life. The appeal was listed for final hearing and it was disposed of by this Court on the 11th of January, 1962. The appeal was dismissed. Thereafter, on the 14th of February, 1962, the present application was filed by the learned advocate Mr. Mahendra Kant Choudhary stating that he had filed Vakalatnama on behalf of the appellant long before the case was put up on the daily list, but through inadvertence somewhere in the office his name did not appear as counsel for the appellant on the daily list. The result of this was that he had no information of this appeal having been listed for hearing and accordingly, it was decided without his being heard by the Bench, treating it to be a jail appeal as it was originally tiled. His grievance is that his failure to appear in the appeal on behalf of the appellant was not due to any laches or negligence on his part but on account of the error on