M. N. Shukla, J. :- This is an application under Section 561-A of the Code of Criminal Procedure with a prayer that this Court may recall its judgement dated 25-5-1973 whereby it dismissed criminal Appeal No. 2849 of 1970. This application was originally made before Hon'ble Mr. Justice H.N. Kapur who had decided the appeal, but he referred it to a larger Bench for an authoritative pronouncement and it is in these circumstances that this case has come before us.

2. The applicants were convicted by the Temporary Sessions Judge, Etah under Sections 147, 304/149 and 323/149 I.P.C. by his order dated 17-12-1970 and they were sentenced to different terms of imprisonment. The applicants preferred the aforesaid appeal to the Hon'ble Court against their conviction and sentences and the memo of appeal was presented by Sri Sudhir Chandra Varma, Advocate. The applicants were granted bail at the time of the admission of the appeal but before the date of final hearing the applicants engaged Sri Rajesh Ji Varma. Advocate, and he filed his appearance slip on behalf of the applicants on 15-5-1973. The version of the applicants is that the appeal was listed for final hearing on 17-5-1973 for