DAVENDRA PRASAD TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the Judgment and Order dated April 15, 1976 of the Allahabad High Court (in Criminal Appeal No. 2489 of 1975 and Reference No. 64 of 1975) confirming the conviction of the appellant under S. 302, I. P. C. and the sentence of death imposed on him thereunder for intentionally causing the death of his own son named Gorakh Prasad aged about 30 years, on the night between September 1 and September 2, 1974, in the field of Phool Chand Lonia on the outskirts of village Patra Tola Fakirahna within the jurisdiction of Police Station Pipraich, District Gorakhpur.

(2.) The story as put forth by prosecution was as follows:

(3.) The doctor made the following additional remarks on the post-mortem report:-