JUDGMENT :

Vikas Budhwar, J.

1. This is an appeal under Section 372 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.') has been instituted by the appellant-complainant - Gyan Prakash Singh s/o Shekhraj Singh against the judgment and order dated 08.09.2011, passed by Additional Sessions Judge, Court No.3, Jaunpur in Sessions Trial No.361/2003 (State vs. Panna Lal and two Others), arising out of Case Crime No.13/2000, under Sections 325/34, 307/34 IPC, Police Station- Shahganj, District Jaunpur whereby the accused respondents no.2 to 4 have been acquitted.

2. This appeal was presented before this Court on 9th November, 2011 wherein on 14.11.2011 this Court proceeded to pass the following order:-

"Summon the record and list thereafter."

3. Thereafter on 04.04.2014 and 07.05.2022 this Court proceeded to pass the following order:-

4.4.2014

"Counsel for the appellant is not present.

The lower court record has been received.

List peremptorily on 24.4.2014"

7.5.2022

"Case is taken up.

None is present for the appellant.

Learned AGA is present.

Appeal is yet to be admitted.

List this case in the week commencing 11.7.2022 for hearing on admission.

It is made clear that if on the next date learned counsel for the appellant will not remain present, the Court will proceed to decide the case appointing Amicus Curiae or with the help of learned AGA."

4. Orders passed in the present appeal reveals that after passing of the initial order dated 14.11.2011 nobody was present to press this appeal and ultimately this Court on 07.05.2022 proceeded to fix the matter today making it clear that in case on the date so fixed therein (today) if the counsel for the appellant is not present, the Court will proceed to decide the case appointing Amicus Curiae or with the help of learned AGA.

5. Yet today itself nobody appears to press the present appeal, thus this Court has no option to decide the appeal with the assistance of learned AGA.

6. The factual matrix of the case as worded in the present appeal are that the appellant-complainant being Gyan Prakash Singh on 12.01.2000 at 12:30 noon was about to proceed while carrying sugarcane in a tractor from the village Chhatai Khurd then at that point of time the accused herein being Rama Shankar alias Jhuri Yadav, Panna Lal Yadav and Nand Lal Yadav dragged the complainant from the tractor in question and with the aid of cuddle, wooden stick and hockey administered beating. Pursuant thereto ruckus was created and on account of hue and cry, the villagers, who were doing their agricultural activities in the farm land so situated in the vicinity came in and Indra Pal Singh and Hari Nath Singh came to be rescued along with others and on account of their intervention the complainant could save his life. While running away the accused respondent no.3 fired with country-made pistol and the complainant saved himself. However, as per the prosecution version, the complainant sustained injuries in his shoulder and fracture was occasioned in his right leg. It has been further alleged that the accused herein hurled abuses and threatened to kill the complainant. It has also come on record that a written complaint was filed on the instructions of the complainant by one Shreekant Mishra, Advocate and accordingly first information report was registered under Sections 323, 325, 504, 506, 307 IPC before Police Station-Shahganj, District Jaunpur.

7. As per the prosecution case the complainant after lodging of the first information report got himself medically examined and according to prosecution case complainant received 9 injuries. As per the medical report the injuries were on account of hard and blunt object and so far as the injury no.9 is concerned, it was referred for X-Ray. The other injuries were simple in nature but fresh ones. Prosecution has also come up with the stand that the complainant got himself subjected to X-Ray, which is Ka-