RISHI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal filed on behalf of the accused-appellant is directed against the impugned judgment and orders dated 2.8.2014 passed by Sri Salim Ahamad Khan, Additional Sessions Judge, Court No.1, Aligarh in Sessions Trial No.779 of 2013, (State Vs. Rishi Kumar), whereby the appellant was convicted under section 304(2) I.P.C and sentenced to undergo rigorous imprisonment for 7 years.

(2.) Heard Sri Devendra Kumar Yadav, learned counsel for the appellant, Sri Ram Manohar, learned A.G.A for the State-respondent and perused the record.

(3.) On behalf of the appellant, the learned counsel has submitted that the learned Trial Judge has not appreciated the evidence in proper perspective and erroneously held the appellant guilty by placing reliance on the dying declaration. He has further submitted that the sentence awarded by the learned Trial Judge is harsh and he has not considered mitigating the circumstances of the case.