Nisar Ahmad and Others vs State of U.P.

B.K. Sharma, J.—This is an appeal against the judgment and order dated 20.3.1987 passed by Sri Ravindra Nath Mishra. the then Vlth Additional Sessions Judge, Azamgarh, in S.T. No. 620 of 1983 whereby he convicted the accused-Appellant Abdul Kalam of the offence u/s 324, I.P.C. and sentenced him to undergo R.I. for a period of 2 years and convicted Nisar Ahmad and Khaliq accused-Appellants of the offence u/s 324/34, I.P.C. and sentenced each one of them to suffer R.I. for a period of 1 year.

The learned Counsel for the accused-Appellants has not challenged their conviction for the offences aforesaid. He has confined himself to the question of sentence. He has made two alternative prayers in this regard, one prayer is for grant of benefit under the Probation Act and the other is to reduce the sentence of imprisonment to the period of imprisonment already undergone by the accused-Appellants and to impose the fine in lieu thereof. There is no particular opposition from the learned A.G.A. on the subject.

Considering the date of recurrence which is of 24.11.1979, the fact that there is no indication of any further incidents between the parties and also that no adverse antecedents of the accused-Appellants have been pointed out from the side of State and keeping in view the facts and circumstances of this case in which offence was committed and also considering their age the prayer regarding benefit of probation u/s 4(1) of the U.P. First Offenders'' Probation Act, 1938, is accepted to. All the three accused-Appellants are in custody before this Court having been arrested under orders of this Court for their non-appearance on the date of hearing of this appeal.

The appeal is consequently partly allowed. The conviction of the accused-Appellant Abdul Kalam for the offence u/s 324, I.P.C. and of Nisar Ahmad and Khaliq accused-Appellants for the offence u/s 324/34, l.P.C, is maintained. However, it is directed that in case the accused-Appellant Abdul Kalam furnishes a personal bond and two sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, concerned to appear and receive sentence when called upon to do so by the Additional Sessions Judge concerned within a period of 2 years from the date of execution and acceptance of the bonds and in the meantime to keep the peace and be of good behaviour, he shall be released from custody. It is more directed that on Nisar Ahmad and Khaliq accused-Appellants, each furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the learned Additional Sessions Judge concerned to appear and receive sentence when called upon to do so by the Additional Sessions Judge concerned within a period of one year from the date of execution and acceptance of the bonds and in the meantime to keep the peace and be of good behaviour, they shall be released from custody. The accused-Appellants who are in custody before this Court shall be sent immediately to the District Jail, Azamgarh and lodged there pending the furnishing of the bonds and the acceptance thereof as ordered above.

Let a copy of this judgment be given to the learned Counsel for the accused-Appellants within 24 hours on payment of usual copying charges.

A copy of this judgment shall also be sent by the office to the learned Additional Sessions Judge concerned immediately for information and compliance.