Pratyush Kumar, J. - (1.) The instant appeal filed on behalf of the sole appellant, is directed against the judgment and order dated 24th April, 2000 passed by Sri Mushaffey Ahmad, the then IVth Additional Sessions Judge, Lakhimpur Kheri in S.T. No. 792 of 1997 (Gopi Vs. State of U.P.), under Ss. 302, 352, I.P.C., Police Station Pallia, whereby the sole appellant was convicted under the said Ss. and sentenced to undergo imprisonment for life and one month's rigorous imprisonment respectively.
(2.) The facts of the prosecution case may be summarized as under: - That on 20th July, 1997, at 11.30 a.m. Lalta Prasad, respondent of village Mauruacha, gave a written report at the police station stating therein that two bamboos were kept on the back side of the house, that day at 10.00 a.m. Ram Das, son of Gopi 7 -8 years was trying to take one Bamboo from there. His wife Smt. Parwati asked him not to do so, the child had informed about that matter after reaching the house to his father. He was talking with his co -villager Babulal near his house when Gopi armed with 'Takula' (small Axe) came running there and caught hold of hands of his wife and dragged her to the rasta and after throwing her there, showered various blows of 'Takula' on her. They reached there to save her, at that brandishing the 'Takula' in the air, Gopi ran towards them, they came back out of fear for safety. After saving himself, he came to the police station while dead body of his wife was lying on the spot. He had requested legal action be taken.
(3.) At this report, chik FIR was scribed. Case Crime No. 196 of 1997 under Ss. 302, 352 I.P.C. was registered and entered into the report of the general diary. Investigation was entrusted to S.O. Amar Nath Pandey, who after carrying out the investigation, submitted the charge -sheet against the present appellant.;