SUKANA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 2.12.1999 passed by Sessions Judge, Lalitpur whereby appellant has been convicted/sentenced under Section 302 IPC to undergo R.I for life and under section 326 IPC for 5 years. Both the sentences were to run concurrently.

(2.) The case of the prosecution in brief is as under.

(3.) P.W-1/the informant was attending to his fields (sown with gram) on 9.2.1999 at around 4-4.30 P.M. Accused Sukana had his holding near that of P.W.1, on hearing cries emanating from the fields of Sukana, P.W-1 alongwith others rushed to the fields of Sukana to see that Sukana was assaulting his wife/Kailash Bai (victim) with an axe. P.W-2/sister of accused Sukana attempted to rescue her bhabhi/Kailash Bai but in the process was inflicted an axe injury on her right elbow. Accused Sukana along with the axe fled towards the river and his wife lay dead in her fields.