- (1.) ACCUSED appellants Amirul Hasan, Ahmad Hasan and Gaus Mohammad have preferred this appeal against the judgment and order dated 12.09.2003 passed by VIIIth Additional Sessions Judge, Faizabad in Sessions Trial No.676 of 1998, by which each of the appellants were convicted for the offence punishable under Section 324 IPC and sentenced to undergo two years rigorous imprisonment and a fine of Rs.1,000/- each; for the offence punishable under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months and Rs.500/- each as fine.
(2.) DURING the course of appeal, appellant no.1, Amirul Hasan died and report to this effect has been received. The Chief Judicial Magistrate, Faizabad has reported that the accused appellant, Amirul Hasan had died on 9.8.2006. Brief facts of the case are that, one Sadullah lodged FIR on 21.11.1995 at 7.00AM to the effect that he along with his father Ibadullah, brother Shamsuddin son Abdul Kadir were ploughing their agricultural plot no.626 which was purchased through sale deed dated 8.9.1995. Accused Amirul Hasan armed with knife, accused Gaus Mohammad and Ahmad Hasan aremed with lathi and hockey reached there, abused them and directed the complainant party not to plough the field otherwise they will be killed. In the meanwhile, accused appellants caused hurt with knife, hockey and lathi. The FIR to this effect was lodged at Police Station Akbarpur at 8.45AM and the case was registered under crime no.482/1995 under Sections 323/324/504/506 IPC. The injured were got examined medically. After investigation, the charge sheet was submitted for the offence punishable under Sections 323/324/308 IPC. After taking of the cognizance, the learned First Additional Chief Judicial Magistrate committed the accused to the court of Sessions for trial, vide committal order dated 20.11.1998.
(3.) THE learned Sessions Court framed charges against the accused for the offence punishable under Section 308/34, 323/34, 504, 506(2) IPC, to which the accused denied and claimed trial. The prosecution examined the complainant Sadullah as PW1, Abdul Kadir as PW2, Shamsuddin as PW3, Constable Rajkesh as PW5, IO C.L. Sharma as PW6 and Dr. B.K. Lal as PW5. The defence did not lead any evidence. As per medical examination report, 5 lacerated wounds were found on the body of Sadullah, one lacerated wound was found on the body of Ibadullah and two contusions were found on the body of Shamsuddin.;