OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Om Prakash has filed this appeal against the judgment of Vth Additional Sessions Judge, Saharanpur dated 15/9/1979 passed in S.T. No. 186 of 1969, convicting him under Section 302, I.P.C. and sentencing him to life imprisonment.

(2.) The case of the prosecution is that the appellant assaulted his wife Smt. Mama Wati deceased on 20.2.1979 at about 6 a.m. inside his house in village Jagjit Pur with a Kulhari (axe).

(3.) The appellant was arrested by Dr. V.K. Kaushik P.W. 3 and the other eye-witnesses at the time of the incident and both Smt. Mama Wati deceased and the appellant were taken on a tractor to the G.D. Hospital, Hardwar where the deceased was found dead.