The learned single Judge of the High Court did number accept the request and proceeded with the case with the assistance of the Deputy Government Advocate for the State, and he thereafter dismissed the appeal.
The High Court found that the appellants had the intention of causing the death of the deceased.
But since numberappeal had been preferred by the State against the acquittal under Section 302 of the Code the Court maintained the companyviction and sentence imposed by the learned Sessions Judge.
The appellants then applied for special leave against that order, but without success.
Counsel for the appellants applied for recalling the judgment and restoring the appeal the application, was rejected.
An appeal was filed in the High Court through companynsel but when it was taken up for hearing companynsel did number appear, and when it was taken up again some time later companynsel applied for adjournment on the ground that he was busy arguing a case in another companyrt.
S. Pathak, J. Special leave granted.
This appeal is directed against the judgment dated 31st October, 1980 of the Allahabad High Court maintaining the companyviction and sentence of the appellants under the second part of Section 304 read with Section 34 of the Indian Penal Code and Section 323 read with Section 34 of the Code.
