KAMLESH SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal by the accused has been filed against the judgment and order-dated 29-7-1981 passed by Sri K..S. Dubey, the then Additional Sessions Judge, Kanpur in S.T. No. 171/M of 1981 whereby he convicted the appellant under Section 326 of the Penal Code and sentenced him to suffer rigorous imprisonment for a term of five years.

(2.) Briefly stated, the facts of the prosecution case were as under: An F.I.R. was lodged on 17-9-80 at 00.40 a.m. at Police Station Raipurwa, Kanpur by late Satya Narain, son of Amblika Prasad. The informant alleged in his report that he resided in House No. 86/9 Deputy Ka Parao, Kanpur as a tenant. P.W.2 Raj Dev Lal, uncle of the informant, also lived in the same house. The appellant is brother-in-law (Behnoi) of Pritam Singh who also a tenant in House No. 86/9 Deputy Ka Parao and the appellant also lived along with his brother-in-law and thus, parties were well known to each other.

(3.) On 16-9-80 at about 11-15 p.m., Satya Narain was lying on his cot in front of his house. P.W.2 Raj Deo Lal and P.W.l Mohan Lal were also sitting and talking there. In the meantime, the appellant armed with a knife arrived there and with a view to teach a lesson to Satya Narain stabbed him. He inflicted two knife blows on the abdomen. Satya Narain raised alarm and the a'ssail-ant ran away with knife. The assailant was identified correctly by the injured and the witnesses in the light of tube light burning on the road.