P.K.S.BAGHEL,J. - (1.) The appellant Gautam Patkar has preferred this appeal against the judgement and order dated 23.1.1998 passed by learned Sessions Judge, Mahoba in S.T. No. 255 of 1995, who has found him guilty under Section 302 I.P.C. and sentenced him for life imprisonment punishable under Section 302 I.P.C.
(2.) The prosecution case is that on 15.7.1995, the complainant PWI Rajendra Kumar Soni lodged an F.I.R. at 8:35 P.M. at police station Mahoba, district Mahoba, wherein it has been stated that his younger brother Mahendra Soni was stabbed by the appellant at about 7:30 P.M. In the first information report he has also made allegation against the appellant.
(3.) The younger brother of the complainant Mahendra Soni (deceased) was a student of Class Xth in Mukund Lal School. About days back he had some altercation with the accused Gautam Patkar who was also a student of same class. His brother had told him about the said quarrel about 56 days before the incident. On the fateful day Mahendra Soni (deceased) was asked to bring some grocery items from the general store, which is situated near the house of the complainant. At the same time the complainant went to betel (paan) shop owned by one Munna Chaurasiya. While returning from the shop he heard the shrieks of his younger brother and rushed to the spot where he saw that the appellant was stabbing his brother who was crying for help. At that point of time some other persons namely, Prem Chandra, elder brother of the deceased, Dashrath, Vinod Mishra and Sitaram Yadav also reached on the spot and they also saw the incident. After the said assault the victim was taken to the nearest Government Hospital on a Rickshaw by the complainant and Sitaram Yadav, where the doctors who were attending injured Mahendra Soni declared him dead.;