SATTI DEEN Vs. STATE OF U P

JUDGEMENT

(1.) I. P. Vasishth, J. The instant appeal is directed against the judgment of convic tion and its corresponding order of sen tence dated 2-1-1986 passed by Sri M. P. S. Tomar, Sessions Judge, Gonda requiring the appellant to undergo imprisonment for life for an offence punishable under Sec tion 302 of the Indian Penal Code.

(2.) THE burden of prosecution allega tion was that for a number of years prior to the fateful incident of June, 1985 the ap pellant Sattidcen, son of Rom Bahadur (deceased) was in employment at Ludhi-ana but his wife and children were living with his parents in the ancestral village Jalalpur situated at an approximate dis tance of 3 Kms. from' Police Station Wazirganj in district Gonda. in early June, 1985 the accused had come home on short leave and gathered that his father was car rying on an illicit relationship with his wife which he resented for the obvious reasons. In the normal urge he tried to restrain them from indulging in such type of a sinful iife but it appears that the old man did not pay any heed to his protest.

(3.) ON the same day the appellant was stated to have approached PW-3 Gokran of village Chandapur and on informing him about the incident made a clean breast confession of his guilt. He also solicited his help to avoid the unpleasant conse quences but since Gokaran expressed his inability to oblige him, therefore, the ac cused went away. He was ultimately ar rested by the Police on 24-6-1985 in the presence of PW-7 Ram Sumiran and one Dayaram.