BHARAT BHUSHAN,J. - (1.) HEARD Sri Shakeel Ahmad, learned counsel for the appellant, Bhurey Shah and learned A.G.A. on behalf of State.
(2.) THIS criminal appeal is directed against the judgment and order dated 7.6.1982 passed by Vth Additional Sessions Judge, Bijnor in Sessions Trial No. 387 of 1980 whereby nine appellants were convicted under sections 147 Indian Penal Code (in short, IPC), 323 read with section 149 IPC and Section 452 IPC and each of them were sentenced to undergo rigorous imprisonment of six months under section 147 with a fine of Rs. 300/ - with default stipulation, six months rigorous imprisonment and a fine of Rs. 200/ - each under section 323 read with section 149 IPC with default stipulation and rigorous imprisonment of one year and a fine of Rs. 300/ - each, under section 452 IPC with default stipulation. All the sentences barring in lieu of fine were ordered to run concurrently.
(3.) APPELLANTS Aziz Shah, Chaman Shah, Liaqat Shah, Matru Shah, Balley Shah, Popat Shah, Ballan Shah and Zamir have died as per office report. Their appeals stand abated. This Court is concerned with the appeal of Bhurey Shah only who is 85 years of age. It is pertinent to point -out that this appeal has come up before this Court after 39 years of incident. Jail report dated 12.12.2014 discloses that surviving appellant is 85 years of age and is unable even to perform his daily ablution. The case of the prosecution is that complainant Kamil (PW -1) and his son (Mohd. Akil) were assaulted by surviving appellant Bhurey Shah and his 8 companions on 27.7.1976 at 8:30am. Bhurey Shah was armed with sharp edged weapon Tabal and other appellants used lathi in the aforesaid assault. First Information Report (in short, FIR) was lodged on the same day. The matter was investigated and thereafter, charge -sheet was submitted against 9 persons including the surviving appellant Bhurey Shah under sections 147, 323, 452 IPC. Charges were framed against all the appellants under sections 147, 452, 323 read with section 149 IPC.;