RAM NARAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against a judgement dated 25.7.2019 passed by the Additional Sessions Judge/FTC, Court no. 52, Kanpur Nagar in S.T. No. 265 of 2015 (State vs. Ram Narayan), arising out of Case Crime no. 231 of 2015, under Section 304 I.P.C., P.S. Bidhanu, district-Kanpur Nagar, whereby learned Judge convicted and sentenced the appellant to 7 years simple imprisonment

(2.) The prosecution story in brief is that on 17.4.2015 at about 9:00 p.m. nephew of the complainant, namely, Manish Savita son of late Brij Lal Savita, was present in his saloon which situates at Rodhakpur road near Nihal Baba temple and besides his shop there is a cobbler shop of Ram Narain who in drunken state assaulted and caused serious injuries to the nephew of the complainant with sharp edged weapon (joote ghantane wali rapi) on his thigh repeatedly. The injured was taken to the hospital by his family members, namely, Suni Sangeet and Raj Kumar for treatment, where during treatment he died.

(3.) At the very outset, learned counsel for the appellant, on instructions, stated that he does not propose to challenge the impugned judgement and order on its merits. He, however, prayed for modification of the order of the sentence for the period already undergone by the appellant.