- (1.) M. C. Jain, J. The appellant is one Vinod Kumar who is aggrieved by the judgment and order dated 9-12-1980 passed by Sri Brahma Kishore, the then II Addl. Sessions Judge, Agra in Sessions Trial No. 181 of 1978, convicting him under Section 307 IPC and sentencing him to undergo rigorous imprisonment for five years.
(2.) THE incident took place on 19-11-1977 at about 8 p. m. in Mohalla Roshanganj, District Firozabad. THE FIR was lodged by PW- 1 Bengali the same night at 9. 30 p. m. at the concerned police station the distance of which was about 4 furlongs from the sight of occurrence. THE injured of the felony was PW-2 Ratan Lal. He had gone to drink milk at the shop of his elder brother PW-4 Suresh Chand. While returning, when he reached the road on the turning of lane in Mohalla Roshanganj, the appellant caught hold of him and hurling abuses held out that he would kill him as he had beaten up his father. Ratan Lal injured shouted attracting his father PW-1 Bengali, elder brother PW-4 Suresh Chand PW-3 Babu Lal and others. Vinod Kumar appellant gave two knife blows in the stomach of Ratan Lal causing serious injuries to him. On being challenged, he made his escape good. Being serious injured Ratan Lal was admitted in the hospital and his father lodged the FIR. The medical examination of injured Ratan Lal was conducted by PW-5 Dr. R. K. Gupta in S. N. M. Hospital, Firozabad the same night at 8. 40 p. m. Thereafter he was then referred to S. N. Hospital, Agra where he was admitted and remained there for treatment for 18 days. The following injuries were found on his person : (1) Incised wound 7 cm x 1 cm x cavity deep on left side abdomen 7 cm above umbilicus. Margins clean cut, omentum and intestines loop coming out. (2) Incised wound 8 cm x 4 cm x cavity deep on left side of abdomen 2 cm left to the mid line just below the coastal margins. Intestines coming out. He was in semi conscious condition with haematosis and vomiting. The injuries were kept under observation and had been caused by sharp edged weapon. Duration of the injuries was fresh.
(3.) THE investigation in the case was conducted by PW-6 SIRC Awasthi. The defence was of denial. The appellant denied his presence or participation in the incident and stated that he had been falsely implicated owing to enmity. He examined DW-1 Ram Prasad who had taken the injured to the hospital and DW-2 B. K. Agarwal, Assistant in the office of Executive Engineer, Electricity Distribution Division, Firozabad.;