MERAJ AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gyanendra Prakash Srivastava, learned counsel for the appellants, Sri L.D. Rajbhar, learned A.G.A. for the State and perused the record. With the consent of learned counsel for the appellants and learned A.G.A. for the State, the present appeal is being finally heard and decided by the court at the admission stage when the matter has come up as fresh today as it has been stated by learned counsel for the appellants that the maximum sentence awarded to the appellants under Sec. 307, I.P.C. is seven years out of which they have already served out six years in jail as they are in jail since 22.7.2009 and appeal is not likely to be heard in near future and would become infructuous.

(2.) This appeal has been filed against the judgment and order dated 6.6.2015 passed by Additional Sessions Judge, Court No. 3, Mau, district Mau in Sessions Trial Nos. 190 and 191 of 2010, State v/s. Meraj and others, in Case Crime No. 1173 of 2009 under Ss. 307, 324/34, 504, I.P.C. and 7, Criminal Law Amendment Act, P.S. Mohammadabad, district Mau convicting and sentencing the appellants under Sec. 307, I.P.C. for a period of 7 years rigorous imprisonment and a fine of Rs. 10,000 each and in default of payment of fine, further period of 1 year each simple imprisonment and further convicted the appellant under Sec. 324/34, I.P.C. for a period of 3 months simple imprisonment and fine of Rs. 2,000 and in default of payment of fine for a further period of 3 months simple imprisonment each and also under Sec. 4/25. Arms Act for a period of 1 year rigorous imprisonment and fine of Rs. 1,000 and in default of payment of fine further period of 3 months. All the sentences will run simultaneously.

(3.) The prosecution story in brief is that the informant Surya Bhan Chauhan resident of Chisti Patti, Police Station Kotwali, Mohammadabad Gohna, district Mau alongwith his nephew Ashok Kumar and Shyamu Chauhan sons of Chandra Bhan Chauhan were having a shop of coal and bicycle repairing at Najopatti Khairabad near Sheo Temple on the roadside. On 15.7.2009, from the said shop a mobile phone and Rs. 3,000 were stolen by the accused Meraj and Sohrab sons of Bahav resident of Najo Patti for which a written report was given for lodging the F.I.R. against them on which no action was taken. In that sequence on 22.7.2009 at 11.30 a.m., accused Meraj and Sohrab sons of Bahav alongwith several companions came at the said shop and started abusing them and when they were asked not to do so, they started assaulting by knife on the neck of Ashok Kumar and Shyamu Chauhan who received injuries on his face and waist with an intention to kill them and due to the injuries caused by the said accused persons, the condition of the injured Ashok and Shyamu was serious. The injured Shyamu was admitted in District Hospital, Mau and Ashok who was struggling for his life was taken to district Varanasi for treatment. On hearing the noise, people of the area gathered and eye -witnesses Chandrabhan and Laxmi also reached the place of occurrence and tried to save the injured. The said accused persons fled away towards Najo Patti while displaying the knife in the air. Due to the said incident, there was fear and terror in the area and the shops started closing. He gave an application to the concerned Police Station for lodging the F.I.R. On the basis of the said application, the F.I.R. was lodged on 22.7.2009 against accused Meraj and Sohrab which was registered as Case Crime No. 1173 of 2009, under Ss. 307, 324 504, I.P.C. and 7, Criminal Law Amendment Act, P.S. Mohammadabad, district Mau which was marked as Ext. Ka -2 and the same was also endorsed in the general diary of the concerned Police Station on the same day which was marked as Ext. Ka -3.