P.N.Goel - (1.) KAMLESH Kumar Dixit, a young man of about 18 years has been convicted and sentenced under section 307 IPC to undergo RI for 5 years.
(2.) BRIEFLY stated, the facts leading to the -conviction of the appellant are these In the year 1973-74 the appellant was a student of Marwari College, Collectorganj, Kanpur. On 6-12-1974 at about 8 A. M. he came to the College to obtain transfer certificate. On that day he met Som Nath Seth, PW 4, a student of the College and demanded Rs. 10/- from him. Som Nath told him that he did not have money. Thereupon the appellant gave him abuses. In the meantime Rakesh Bajpai, PW 3 reached there and asked the appellant as to why he was giving abuses to him. Some exchange of abuses took place between the two. The appellant took out a knife, Rakesh Bajpai ran towards the room of Sri Kanhaiya Lal Agrawal, Principal, PW 2. The appellant ran after him and assaulted him with a knife. Just a little later a constable came there. Rajendra Kumar Gupta, PW 1 a student of the College and the Constable took injured Rakesh Bajpai in a rickshaw to police station. As the condition of Rakesh Bajpai was serious, Purna Nand, a student ?f the College immediately took away injured Rakesh Bajpai to K. P. P. Hospital, Kanpur. Verbal report of Rajendra Kumar was not recorded at the police station. He was advised to give report in writing. Consequently Rajendra Kumar wrote a report and handed it over at the police station at 8.30 A. M. On the date of occurrence at 8.40 A. M. Dr. J. P. Yadav PW 7 examined Rakesh Bajpai and found following injuries on his person : Dr. J. P. Yadav referred injured Rakesh Bajpai to LLR Hospital for further observation and treatment.
(3.) AZMAT Ullah Khan, SI P. W. 6 entered upon investigation. He interrogated Rakesh Bajpai on 4-1-1975. It appears that on 6-12-1974 at 12-10 P. M. a Magistrate recorded the dying declaration of Rakesh Bajpai ia the hospital (Ex. Kha. 1).;