S.K.AGARWAL, J. - (1.) This appeal was preferred by appellant Azizullah alias Azizul Haq against his conviction and sentence under S. 302, I.P.C. for life imprisonment and 7 years' R. I. under S. 307, I.P.C. passed by the Additional Sessions Judge III, Mau, in S. T. No. 79 of 1997.
(2.) The brief facts of the case, as disclosed in the F.I.R. are that on 24-10-1996 at about 8.30 P.M. when the informant along with deceased Mohd. Azim went to take betel at the shop of Haridwar Chaurasia, he came across the appellant who was sitting there from before. It is alleged that Mohd. Azim asked the appellant as to why he was searching him for assault. On this an exchange of abuses occurred between them. The appellant suddenly took out a shaving razor (Astura) from his pocket and inflicted injury on the neck of Mohd. Azim, who fell down. Anish Ahmad chased and apprehended him. Appellant freed himself by giving an Astura blow on his abdomen and ran away. The incident was witnessed by the son of the betel shopkeeper Haridwar and others. He was taken in an injured condition by his uncle's son Nazir with others to the District Hospital, Mau, and was admitted there. The motive behind the incident, as alleged in the F.I.R. was animosity, which was detailed in the evidence of P.W. 2 Kamruddin as a quarrel during Kabaddi.
(3.) The injured was medically examined by P.W. 6 Dr. Sampoorna Nand Misra at 10.00 P.M. on 24-10-1996. The injury report shows that he was brought to the hospital by Nazir Ahmad. His injury is as under: 1. Incised wound 20 cm. long x 2 cm. x Muscle deep in the outer part but wound is deeper in the medial part (Proking not done), running obliquely outward and slightly upward from left upper part of abdomen on to the left lower (Lateral) aspect of chest, margins are clean cut, bleeding present." The injury was caused by some sharp object. It was kept under observation and he was admitted in the hospital. Surgeon was called for expert management of his injury. The injury report is Ext. Ka-12.;