- (1.) Shri Anil Kumar Tripathi, learned amicus curiae learned counsel for the accused-appellant and Shri Umesh Verma, learned AGA for the State were heard at length.
(2.) This jail appeal bearing Jail Appeal No.163 of 2013 has been preferred by the accused-appellant (Bhagwan Das) which arises out of the judgment and order dated 29.11.2012 passed by Additional Sessions Judge Court No.8, Hardoi in Session Trial No.497 of 2011 (State Vs. Bhagwan Das), Crime No.278 of 2011, under section 304 IPC, relating to P.S. Kachhauna, District - Hardoi, whereby accused-appellant has been convicted an offence under Section 304 IPC and sentenced to imprisonment of life alongwith fine of Rs.10,000/-, in default of payment fine stipulation three months' imprisonment.
(3.) In brief, the prosecution story is that on 10.4.2011 at about 11.30PM accused in intoxicated condition has beaten his wife Mohani in his house. On hearing the shrieks of the deceased their neighbour complainant Sarnam, Guddu, Kripa Shankar, reached there and broke open the door and found that accused had killed her wife in intoxicated condition.;