ARVIND CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred from jail against the judgment and order dated 27.7.2000, passed by the Special Judge Anti Corruption Act/Additional Sessions Judge, Gorakhpur, in Sessions Trial No. 394 of 1999, convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life.

(2.) THE prosecution story briefly stated was that the appellant along with his wife Smt. Saraswati deceased and two daughters Anshoo aged about 8 years and Kazal aged about one year was residing in Avas Vikas Colony Mahadeo Jharkhandi, Gorakhpur City. THE appellant had taken loans from several persons which he was unable to pay. On account of loan he was hard pressed and used to beat his wife and children out of frustration. On 2.8.1999 at about 5.30 p.m. the appellant caused injuries with kudal on his wife Smt. Saraswati and two daughters Anshoo and Kazal. THE two daughters died on the spot and his wife Smt. Saraswati was badly injured. She was shifted to District Hospital by the residents of the colony. After committing murder and causing injuries the appellant was running from the spot, but the persons of the locality apprehended him by causing injuries on him and he was also admitted in the Jail Hospital.

(3.) AUTOPSY on the dead bodies of Smt. Saraswati, Kazal and Anshoo were conducted on 3.8.1999 by Dr. O. N. Gupta (P.W. 5) who found following injuries and cause of death.