V. N. Singh, J. - (1.) -Appeal has been filed against the judgment and order dated 21.11.1980 passed by Sri V. S. Kulshreshta, the then IVth Additional Sessions Judge, Aligarh, in S.T. No. 26 of 1979, Case Crime Nos. 954 and 955 of 1978, P. S. Hathras, district Aligarh, by which he held appellant guilty under Section 302, I.P.C. and convicted and sentenced him to undergo to life imprisonment, under Section 4/25, Indian Arms Act to undergo three years R.I. and under Section 27 of the Indian Arms Act to undergo three years R.I. with direction that sentences shall run concurrently.
(2.) PROSECUTION case, in brief, is that, Sri Hari Babu lodged a report on 27.10.1978 at 10.30 a.m. that today at about 10.00 a.m. while he was going to his house along with his younger brother Banwari Lal from Mahadeo temple of Chaube Wala and reached near Gaushala on Gaushala road, appellant Vijay came with open knife and told that he had insulted him day before yesterday, that he will not keep him alive and with intention to kill, attacked with knife in the abdomen of Banwari Lal. At the time of occurrence, Rishi Kumar, Ram Babu, Kamal Singh and some villagers were present. They tried to catch hold accused/appellant, but he ran away with open knife. Banwari Lal was medically examined on 27.10.1978 at 10.40 a.m. by Dr. Arun Prakash and following injury was found on his body : "Incised wound 3 cm. 1/2 cm. peritoneal cavity on upper par of abdomen in the middle with omentum coming out of it. Injury is caused by sharp edged weapon injury is grievous in nature." Dying declaration of Banwari Lal was recorded on 27.10.1978 at 11.00 a.m. by Dr. Arun Prakash, Bagla Civil Hospital, Hathras.
(3.) KNIFE was handed over by appellant to police at police station on 27.10.1978 and fard was prep Statement of the injured Banwari Lal was recorded by the I.O. under Section 161, Cr. P.C., copy of which is Ext. Ka-13.;