CHHAKKI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Brij Misra, learned counsel for the appellant, Sri Sangam Lal Kesarvani, learned AGA for the State and perused the record.

(2.) This appeal has been filed against the judgment and order dated 1.8.1990 passed by Ist Addl. Sessions Judge, Kanpur Nagar in S.T. No.241 of 1987 convicting the appellant u/s 302 IPC and sentencing him for life imprisonment.

(3.) The prosecution story in brief is that Smt. Ram Rati on account of difficult financial condition of her husband, Chhakki Lal, used to quarrel with him. She had quarrelled in the morning on 18.4.1987 at about 2.30 p.m. Her cries were heard outside the hut and when P.W.1 Aad Ram and P.W.2 Smt. Saggo reached reached near the hut of Chhakki Lal, they found him standing at the door with his daughter with an axe in his hand. The accused on enquiry relating to the cause of cry of Ram Rati, told that he had finished her as she used to quarrel with him daily and tarment him by her behaviour. Thereafter the accused threw away the axe and fled away taking his minor daughter. Other people of the locality collected there but by that time the accused had left the place.