WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) From the lions of Mohammad Munna Khan and womb of Smt. Khatoon (PW.2), three sons namely appellant Wahid, deceased Saleem and Jameel (PW.1) were born. Case of the prosecution in nutshell is that on 29.6.1987 in the night at about 8.00 PM occurrence commenced in House No. 2358, Patwon Ki Gali, Telipada, Jaipur and appellant Wahid caused stab injuries with knife to his younger brother Saleem, aged 20 years, in the street after chasing him. The occurrence besides Jameel (PW.1) and Smt. Khatoon (PW.2), was witnessed by Sanjay Kishore Goswami (PW.4), Smt. Salma (PW.14) wife of the deceased, and Ajeet Kumar (PW.16). Criminal proceedings were set into motion on the basis of statement (Ex.P.2) made by Smt. Khatoon (PW.2). Later during the course of investigation, mother having lost one son Saleem, in order to save another son appellant Wahid, resiled from the statement (Ex.P.2) made to the police on the basis of which formal FIR (Ex.P.13) was registered.

(2.) Aggrieved against the above judgment of conviction and order of sentence, on 12.5.1988 appellant filed the present appeal. On 17.5.1988 appeal was adjourned and then came summer vacations. During summer vacations on 17.6.1988 a learned Single Judge of this court exercising powers of the Division Bench, suspended the sentence awarded upon the appellant and ordered him to be released on bail. Then started tactics on behalf of the appellant to avoid hearing of the appeal. As to how efforts were made to postpone the hearing of the appeal, we have given details in our order dated 13.9.2017. Our said order dated 13.9.2017 reads as under:-

(3.) On 18.9.2017 none appeared on behalf of the appellant before us even though the case was called twice and thus, we were constrained to proceed with the case in view of the law laid by the Supreme Court in K.S. Panduranga v. State of Karnataka, (2013) 3 SCC 721 .