BHAWANI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) BHAWANI Prasad has preferred this appeal against the judgment and order dated 29th March, 1986 of Sri Kazi Khurshed Ahmad, Special Judge/ad ditional Sessions Judge, Gonda convicting and sentencing the appellant under Sec tion 3021. P. C. to imprisonment for life.

(2.) THE prosecution case is that the house of informant Abhimanu Kumar is in Mohalla Bhagwatiganj, Balrampur which was previously in the district of Gonda. THE appellant' was tenant in one of the rooms of the house of the informant and he used to reside there along with his wife, one daughter and one son. THE first wife of the appellant had earlier died leaving be hind two sons, but two sons from the pre vious wife of the appellant used to reside in their ancestral house as they were having strained relations with appellant who had taken a second wife. Informant Abhimanyu Kumar used to go for Jajmani and on the fateful day when he returned from Jajmani and was taking dinner at about 9. 00 - 10. 00 p. m. he heard some shouts of the wife of the appellant. He reached the room of the appellant and found that the appellant was delivering blows with a sickle to his wife and was hurling abuses. THE informant tried to intervene but in vain. THE informant thereafter rushed to police out-post Bhagwatiganj where he narrated the incident to the Head Constable. When the policemen accompanied with the in formant came to the room of the appellant, they found that the wife of the appellant and his son were ling dead on the cot.

(3.) WE have heard Sri R. K. Dwivedi, learned counsel for the appellant and thee learned Government Advocate. WE have also perused the evidence on record of the case.