Code of Criminal Procedure, 1973–Sec. 374 [Corresponding Sec. 415 of BNSS, 2023]–Penal Code, 1860–Sec. 302/304 Pt. II–Appeal of the appellant remained pending for two decades, and when it was listed for hearing, none appeared to represent the appellant–Division Bench appointed the amicus curiae and the appeal was disposed of by altering the conviction u/s. 304 Pt. II–Contention of the appellant that the grounds which were raised in the memorandum of appeal were not urged by the learned amicus curiae and there has been a failure of justice–Declined to accept the argument because the learned amicus urged only one ground and succeeded–Further, the High Court was under no obligation to inform the appellant of his counsel’s absent, however, it would have been a desirable prosecution, if the appellant were so informed–It would be appropriate to remand the appeal for hearing de novo–Appellant was on bail after passing the judgment by the Trial Court–Status quo ante be restored and he be released on bail.
