GOLA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is preferred against the judgment arid order dated 12.1.1982 passed by the 1st Additional Sessions Judge, Agra in S-T.No. 542 of 1980 (State versus Gola) under section 302 IPC relating to Police Station Nibohara District Agra whereby convicting the accused Gola under section 302 IPC and sentencing him to undergo imprisonment for fife.

(2.) It is prosecution case that Gola son of the complainant Salaki was suffering from insanity for the last 8 days and he was shown to Jhagra Jee but there was no improvement in his plight. Even his limbs were tied with rope at house due to his insanity. On 26.5.1980 during noon hours when family members were steeping inside house, Gola untied himself and started waiving Gandasa (an item for cutting fodder). Gala's mother and wife Guddi woke up after hearing noise. They wanted to take Gandasa from the grip of Gote and when Guddi tried to snatch it struck at her neck and she fell down after receiving injury and died after some time. Gola was caught hold by the family members and sent to mental hospital.

(3.) Salig Ram alias Salaki (PW4) went to the Police Station and submitted written report (Ext. Ka 27) scribed by Wendra Singh (PW15) and Head Mohamir Onkar Singh (PW14) registered the FIR and made entry in the G.D. (Ext. Ka 23).