MOBIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) This revision arises out of judgment and order dated 13-7-1984 passed by Sri R.K. Saxena, Sessions Judge, Mirzapur, in Criminal Appeal No. 101 of 1983 upholding the judgment and order dated 30-6-1983 passed by Sri P.N. Rai, Assistant Sessions Judge, Mirzapur in S.T. No. 219 of 1981 convicting the applicant under Section 307, I.P.C. and sentencing him to undergo 5 years's R.I. with a fine of Rs. 500.00. In default of payment of fine the applicant was directed to undergo further sentence of 3 months' R.I.

(3.) In this case the incident had taken place on 26-5-1981 at about 9.30 p.m. The victim, Sattar, was taken by the applicant, Mobin on a pretext that there is a dinner in village Basahi at the house of friend of his. Mobin, applicant , is nephew of injured Sattar. Believing the applicant, Sattar accompanied him for the dinner. They boarded a Riskshaw and at the outskirts of Basant the Rickshaw was abandoned and they walked down on foot to some distance. When the two reached an isolated place, the applicant is said to have inflicted two knife blows in the abdomen of Sattar. He had attempted to give a third blow when Sattar claimed to have caught hold of his hands. In the process he sustained an injury in index finger. Thereafter he ran away and jumped into a Nala. It is futher alleged that while he was in the Nala, some 3/4 shots ere fired on him. Who fired those shots is not known to the victim nor investigated and brought on record by police. Apart form these three injuries there is another lacerated wound on the sole (foot) of the victim.