- (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. On 26-2-1993 when this appeal was put up for hearing Sri Y K. Shukia counsel of eminence on criminal side of this court, was appointed Amicus curiae to appear on behalf of the appellant. The court records appreciation that Sri Shukia has argued the matter with ability and has placed the entire record thoroughly, Sri D. N. Yadav, learned A. G. A. has been heard in opposi tion. It may be mentioned here that the trial Judge has acquitted Islamuddin of the charges framed against him regarding which there is no appeal and the said acquittal has become final. The charges against the appellant were two-fold. Firstly, that on 23. 7-197? at about 8 p. m. in Mobajla Islamabad, Police Station Kotwali Meerut, the appellant caused injuries by knife to Jamil Ahrr. ad who died and thereby he committed offence punishable under Section 302, IPC. Secondly, that in the said incident the appellant caused knife injuries to P. W. 3 Iftikhar Ahmad with the intention to cause his death which is punishable under Sec tion 307, IPC.
(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. The prosecution case has been accurately described by the trial Court and it is desirable to reproduce it.;