(Oral : Dr. Kaushal Jayendra Thaker, J)

1. This appeal challenges the judgment and order dated 16.4.1999 in Sessions Trial No. 853 of 1996 passed by the Addl. Sessions Judge, Ghaziabad, convicting accused-appellant Prem Lal under Section 302 I.P.C. and sentencing him to undergo life imprisonment and fine of Rs. 5,000/- and in default, six months further imprisonment under Section 302 IPC.

2. The accused is in Jail for about 22 years more particularly December, 1995. It is submitted that consumption of liquor is harmful and it has proved so in the present case. The father is alleged to have done away with his two minor children when he in the evening got intoxicated and was returned back from his labour work and his wife also returned home from labour work. He demanded money from her. On refusal to pay, he got annoyed. He was so agitated as per the say of the counsel for the appellant that he lost his mental balance and has, therefore, submitted that if this Court does not accept the submission that it is a clean case of acquittal, the second option available to him