VIRENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred by appellant, Virendra against his conviction under Section 307, I.P.C. and consequent sentence of 5 years' R.I. and a fine of Rs. 2,000.00. In default of payment of fine 6 months' further R.I. was imposed on him by the judgment and order dated 16-8-1996 passed by the VII Additional Sessions Judge, Agra, Sri A. A. Siddiqui.

(2.) Heard Sri Raghuraj Kishore, who has been appointed as amicus curie, and the learned A.G.A. for the State.

(3.) The case of the prosecution, as set out in the F.I.R., is that on 10-8-1994 at about 9.30 in the night when the brother of the informant, Mahendra Pratap, was in the hotel of Phattoo for taking his food, a wordy dual between the appellant and Mahendra Pratap ensued. Abuses were also exchanged and when the victim, Mahendra Pratap, asked the appellant to desist from hurling abuses, the appellant is said to have whisked out a knife from his pocket and started assaulting him. The first knife blow was received by Mahendra Pratap on his palm. The subsequent blows were given in abdomen and the hand. The alarm raised attracted to the spot Baby, Suresh, Mahesh Chandra, and Vinod Kumar, who not only witnessed the incident but also saved the victim from any further assault. The victim was admitted in S. N. Hospital, Agra, where he was provided treatment. The F.I.R. of the occurrence was lodged by Chandra Mohan Sharma, brother of victim Mahendra Pratap, on the same night at about 0.15 a.m., i.e. within 2 hours and 45 minutes of the occurrence.