SONI ALIAS ASHWANI Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. This is an appeal against the judgment and order dated 16-12-1999 passed by VII Additional Sessions Judge, Kanpur Nagar where-by the appellant Soni alias Ashwani son of Bachchoo Lal resident of Mohalla Gwal Toli District Kanpur Nagar has been held guilty and convicted under Section 302 IPC. He has been sentenced to life imprisonment and a fine of Rs. 10,000/ -. The impugned judgment has been rendered in Sessions Trial No. 1671 of 1998, State v. Soni, arising out of crime No. 282 of 1998 of police station Gwal Toli District Kanpur Nagar.

(2.) THE charge against the appellant was that on 6-9-1998 at about 3. 40 p. m. he attacked Manoj Sharma alias Roop Kumar with a RAPI (a sharp edged long instrument used by cobbler for cutting leather ). On account of the injuries caused by the appellant the victim died before he could be given any medical aid in the hospital.

(3.) THE informant P. W. 1 Sanjay Sharma raised alarm whereupon the accused ran away and also took RAPI alongwith him. He claims that this was witnessed by one Virendra Kumar. THE informant with the help of Vijay Soni and Battar Singh rushed the victim to the Ursala hospital on rickshaw. THE doctor on seeing the victim declared him dead. It is after this that the informant lodged a written report on the police station.