( 1 ) THIS is an application purporting to be under Section 482 of the Cr. P. C. for recalling of the judgment dated 23rd February 1978 made by Honble S. K. Kaul, J. in Criminal Appeal No. 434 of 1976 whereby he dismissed the appeal of applicant Ram Surat against his conviction and sentence recorded by the learned IV Additional District Judge, Kheri by his judgment and order dated 13th March, 1976.

( 2 ) APPLICANT Ram Surat was tried along with Chandra Bali and Shamsud-din in the court of the learned IV Addl. Sessions Judge, Kheri. All the three accused persons were found guilty of the offence punishable under Section 395 of the I. P. C. The learned Sessions Judge by his order referred to above sentenced them to undergo rigorous imprisonment for seven years. Against this judgment and order two appeals were preferred in this Court. Criminal Appeal No. 428 of 1976 was preferred by Shamsuddin while Criminal Appeal No. 434 of 1976 was preferred by Chandrabali and applicant Ram Surat. Both these appeals came up for hearing before Honble S. K. Kaul, J. on 28-21978. On that date the learned Counsel appearing on behalf of Shamshuddin argued the case on his behalf. The coun