(1.) Heard learned counsel for the accused-appellant, learned A. G. A. for the State of U. P. and perused the record.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 8.9.2008 passed by Additional District & Sessions Judge, Court No.2, Kannauj in Sessions Trial No.380 of 1998 (State Vs. Shakeel) arising out of Case Crime No.457 of 1997, P. S.Chibramau, District-Kannauj u/s 302, 307 IPC and Case Crime No.458 of 1997 u/s 4/25 of Arms Act, P. S. Chibramau, District-Kannauj whereby appellant Shakeel was convicted of the offence u/s 302 IPC and was sentenced with life imprisonment and also with a fine of Rs.10,000/- with default stipulation of six months additional imprisonment. However, he was acquitted of the charge u/s 307 IPC and also u/s 4/25 Arms Act.
(3.) Abridged facts of this case are that on 17.7.1997 at 23.45 hours, a FIR was lodged by complainant Santosh Kumar alleging therein that at about 11 pm, when he was going back to his house, at that time some persons of Mohalla-Nai Basti were involved in conversation regarding commencement of gast (patrolling) in the mohalla. The complainant, Girand Shakya, Ramvir, Naresh, Jiledaar and several other persons were present there at that time. In the meanwhile, appellant Shakeel, who was also resident of the same mohalla, came there and started opposition of the gast (patrolling) in their mohalla. On this point, some altercation took place between Shakeel and deceased Shivraj and accused-appellant Shakeel out of provocation, took out his knife and gave several blows of knife to Shivraj on his chest, abdomen and face. The persons present there made an effort to save Shivraj, then accused-appellant Shakeel also gave a blow of knife to complainant Santosh, but because he moved backwards, so he sustained only slip injury of knife. The persons present there made an attempt to apprehend Shakeel but, he ran away towards Rajwaha in the eastern direction. The complainant Santosh chased him raising alarm. On hearing the said alarm, two police personnel, who were coming from northern side and were on patrolling duty, namely, Constable Sri Krishna Tiwari and Home Guard Ramvir, apprehended the accused-appellant Shakeel near the house of Veerbhan Yadav along with his knife. In the meantime, Shivraj succumbed to the injuries. Leaving his dead body on the place of occurrence, these persons along with police personnel and apprehended accused-appellant Shakeel, went to the police station and lodged the FIR.