S.K.Phaujdar, B.K.Sharma - (1.) THE present appeal is directed against the judgment and order dated 1.12.1982 recorded by the VIth Additional Sessions Judge, Bareilly in Sessions Trial No. 563 of 1981. THE learned trial Judge convicted all the 5 appellants under Sections 302/149 and 307/149, I.P.C. and sentenced them to life imprisonment under the first count and to R. I. for 4 years under the second.
(2.) BRIJ Lal, Babu Ram and Gokil were further convicted under Section 148, I.P.C. and sentenced to R.I. for 2 years each while Molu and Bhopal were also further convicted under Section 147, I.P.C. and sentenced to R. I. for one year each. The sentences were directed to run concurrently. On presentation of the appeal, the appellants were not released on bail and the matter was heard by this High Court and a judgment of confirmation was recorded on 4th February, 1997 by a Division Bench of this High Court. The appellants, thereafter, preferred Criminal Appeal No. 1233 of 1997 before the Supreme Court and by its order dated 15.12.1997, the Supreme Court disposed of the appeal with an observation that the High Court was required to discuss the entire material evidence afresh as it was a court of appeal. The Supreme Court had observed that the High Court failed to do so and thereby a grave injustice had been caused. The judgment of confirmation recorded by the High Court was set aside by the Supreme Court and the matter was remanded to the High Court for re-hearing of the appeal in accordance with law in the light of the observations made therein. The appellants were still in custody and as such the Supreme Court required that the matter should be heard expeditiously preferably within a period of 3 months from the date of communication of the order.
(3.) IT appears from the records that the matter was placed before Hon'ble single Judge on 13.1.1998 and again on 16.3.1998 wherein orders were recorded to place the matter before the Division Bench as the appeal was cognizable by a Division Bench. IT was placed before the Division Bench on 20.8.1998 but on that date, learned counsel was not ready to argue. The Division Bench also held that when one of the judges who recorded the earlier judgment was still available, it should be placed before a Division Bench in which that Hon'ble Judge was a member. Accordingly, the matter was placed before the Hon'ble Chief Justice and it was directed that the matter will be heard before the bench of Hon. Giridhar Malviya and Hon. R. N. Ray, JJ. (both of them have now retired), on 29.4.1998, the matter came up before the nominated Bench. Hon. Ray, J. was on the verge of retirement. There had been a prayer for adjournment made on behalf of the appellants and as such the matter was directed to be put up before the appropriate bench. Finally, the matter came up before the Hon'ble Chief Justice on the question of fresh nomination, if necessary, and by an order dated 15.3.1999, it was directed to be placed before the Bench dealing with criminal appeals. The matter came up before a Division Bench on 6.5.1999 and Hon'ble Kamal Kishore, J. had been a member of that Bench. His lordship was the trial Judge in the instant case and as such a fresh nomination was made by the Hon'ble Chief Justice on 25.5.1999 and thereafter the matter came up for hearing again, but in the absence of lawyers representing the appellants, the Court appointed an amicus curiae. But before he could take up, a fresh appearance was made by learned counsel appointed by the appellants and the matter was heard finally on 18th and 19th August, 1999. It is the prosecution case that while Sohan Lal and Jokhi Ram (both deceased) and Nand Lal were ploughing their land, these 5 appellants case armed with tabal, lathi, ballam and started assaulting them with an intention to kill them. The hue and cry attracted Jokhi Ram and others named in the F.I.R. and on their intervention, the accused persons left the injured persons and fled away towards north. The F.I.R. indicated as to who had carried what weapon.;