PREM LAL Vs. STATE

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 16.4.1999 in Sessions Trial No. 853 of 1996 passed by the Addl. Sessions Judge, Ghaziabad, convicting accused-appellant Prem Lal under Section 302 I.P.C. and sentencing him to undergo life imprisonment and fine of Rs. 5,000/- and in default, six months further imprisonment under Section 302 IPC.

(2.) The accused is in Jail for about 22 years more particularly December, 1995. It is submitted that consumption of liquor is harmful and it has proved so in the present case. The father is alleged to have done away with his two minor children when he in the evening got intoxicated and was returned back from his labour work and his wife also returned home from labour work. He demanded money from her. On refusal to pay, he got annoyed. He was so agitated as per the say of the counsel for the appellant that he lost his mental balance and has, therefore, submitted that if this Court does not accept the submission that it is a clean case of acquittal, the second option available to him exception 4 of provisions of Section 300 of IP Code would be available to decide the appeal. In this backdrop of facts, we are deciding this appeal.

(3.) The factual background as culled out from record is that the accused is charged with offence of commission of murder of his two minor children namely Raju and Kalu in the evening. The children were aged 4 year and 1 year respectively. The dead body of one was found on the back side of the house unconscious clubbed with mud and the other one lost his breath in the hospital where he was declared dead.