MAQBOOL ALIAS JHULAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 20.12.1983, passed by the Special Additional Sessions Judge, Gonda convicting the accused appellants Maqbool, Mahmood Ahmad, Noor Ahmad and Chhannan Khan under Section 323/34, 324/34 and 342/34, I.P.C. and sentencing them to six months' rigorous imprisonment under Section 323/34, one year rigorous imprisonment under Section 324/34 and one year rigorous imprisonment under Section 342/34, I.P.C. in Sessions Trial No. 526 of 1982, State v. Maqbool, Mahmood Ahmad and two others.

(2.) THIS appeal was disposed of on merit on 19.3.1999 in the absence of the accused appellants and the impugned judgment and order was modified from the punishment of imprisonment to the punishment of fine. The appellants moved a Misc. Application No. 1454 of 1999 for recall of the order dated 19.3.1999. THIS application was moved on 16.6.1999. THIS application was allowed by this Court vide order dated 27.8.2002. Since then the appeal was pending. It was listed for hearing. After the restoration of the appeal, it was listed on 10.9.2002, 24.9.2002, 22.10.2002, 18.11.2002, 10.2.2003, 14.5.2003 and 1.7.2003. On these dates, it was adrourned two times at the request of the learned counsel for the appellants. Lastly, it was listed on 1.7.2003. Then again appellants became absent. Neither the counsel nor the appellants were present to make any submission in support of the merit of the appeal.

(3.) THE factual matrix of the case is that on 24.1.1981 at about 8.00 a.m., Bahraichi and Khairun Nisa were gong to the north from the village for diverting water to their field. When both of them reached in the west of the house of accused Maqbool alias Jhulan armed with a gun, accused Mahmood Ahmad alias Chhabbu armed with a gun, accused Noor Mohd. alias Achchhan armed with an axe and accused Channan armed with a lathi came there and challenged them. THEy also threatened to kill them by saying that they were litigious. Bahraichi sustained axe injury and Khairun Nisa sustained lathi injury. THE complainant Ismail, the Nephew of injured Bahraichi had seen this occurrence when he was standing at a distance of 10 paces from the place of occurrence. He raised an alarm and on hearing it, Adalat, Ravidas, Mahadeo, Dukhharan, Ishaq and Ahmad Ali reached there and asked the accused not to injure the said two persons. However, the accused Jhulan Khan fired a shot towards the witnesses and asked them to remain at a distance otherwise they would be killed. THEreafter the accused dragged the injured persons and locked them in a kothri of accused Chhabbu Khan. THE complainant went to his house and then to police station Rehra Bazar wherein an F.I.R., regarding this occurrence was lodged on his dictation. THEreafter the complainant returned to his house and after sometime, the policemen reached the place of occurrence. THEy made a search of the accused persons but they were not available. However, the Investigating Officer rescued the injured persons from the said kothri in the presence of the witnesses. THEreafter injured were sent to the hospital for medical treatment.