DHARMENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Dharmendra has been awarded a death sentence under section 302 I.P.C. for the murders of his wife Smt. Kavita and two year old son Sunny by the judgement and order of the Additional Sessions Judge, Court No. 3, Azamgarh, dated 19.2.2012.

(2.) We have heard Sri Rahul Mishra, learned counsel for the appellant and Sri Akhilesh Singh, learned Government Advocate assisted by Sri Anand Tiwari, learned A.G.A. for the State.

(3.) The F.I.R. of this incident was lodged by Pintoo, brother of the deceased alleging that a quarrel had taken place between the appellant and the deceased Kavita in the previous night, and in a fit of anger, after losing control over his senses, the appellant appeared to have attacked his wife Kavita and their son Sunny with a gandasa at 5 a.m. on 26.10.2009. Kavita had died on the spot and Sunny was lying in an injured condition and had been rushed to the hospital by the persons present.