HUSSAIN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HUSSAIN Abroad alias Sainu, for short, Sainu has filed this appeal against his conviction under Section 302, IPC and sentence of life imprisonment and under Section 307 (1) IPC and sentence of five years' R I. as passed by 2nd Addl. District & Sessions Judge, Meerut on 27-9-1979 in Sessions Triai No. 467 of 1977.

(2.) THE appeal was filed by Sri Ravi Kiran Jain, Advocate on behalf of the appellant Sainu. However, he was not present on the last occasion when this appeal was called out for hearing. On request Sri Jain did not appear to plead the case of the appellant. Consequently the then Bench hearing the matter directed for cancellation of bail of the appellant Sainu and directed his arrest. THE order-sheet indicates that the appellant was produced in this court on 5-11-1992 and then he had expressed a desire that he would like to engage some other counsel. THE order-sheet further indicates that no counsel has been engaged by the appellant.

(3.) IN order to prove the prosecution case three eye-witnesses have been examined. P. W. 1 Zaheer Ahmad is the informant, P. W. 3. Iftikhar Ahmad is the injured eye-witness and P. W. 6 Sadiq is the eye- witness who reached the place at the time of the incident.