- (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. The F. I. R. in this incident was lodged by Sanjay Sharma who is brother of the deceased and was accompanying him at the relevant time. Lodging the report on the same day at 6. 30 hours Sanjay Sharma mentioned that the deceased was going with him to the market. At about 3. 30 p. m. when the two brothers reached in front of tobacco shop of Fatte Lala in Mohalla Gwal Toli they happened to meet the appellant. The deceased had lost his bicycle about one and, half months ago. He was suspecting that it has been stolen by the appellant. The prosecution story is that some people had conveyed to the appellant that the deceased was suspecting him in connection with the theft of his bicycle. It was also conveyed to him that the deceased had lodged some F. I. R. against the appellant although in fact no F. I. R. had been lodged. In the F. I. R. Sanjay Sharma mentioned that on seeing the appellant in front of the shop of Fatte Lala the deceased remarked "tumko meri hi bicycle churane ko mili thi" (you could get only my bicycle for stealing ). This infuriated the appellant and led to altercation between him and the deceased. When altercation was going on, the appellant picked up a Rapi from the cobbler shop on the footpath. He gave Rapi blows on the chest and back of the head of the deceased.
(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. The police claims that the appellant was apprehended by P. W. 5 Rakesh Kumar Sharma, S. H. O. Gwal Toli, P. W. 2 S. K. Rathor, S. I. , P. W. 3 constable Nam Singh and others on 7-9-1998 at 17. 35 hours at Macrobertganj which is close the place of occurrence. The prosecution further claims that on the disclosure made by the appellant, while in police custody, the police discovered on the pointing of the appellant, the instrument of assault i. e. RAPI buried under the Sahjan tree.;