(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 exception 4 of provisions of Section 300 of IP Code would be available to decide the appeal. In this backdrop of facts, we are deciding this appeal.

3. The factual background as culled out from record is that the accused is charged with offence of commission of murder of his two minor children namely Raju and Kalu in the evening. The children were aged 4 year and 1 year respectively. The dead body of one was found on the back side of the house unconscious clubbed with mud and the other one lost his breath in the hospital where he was declared dead.

4. A First Information Report was lodged by the mother of the children namely Kasturi, wife of the appellant herein. On this First Information Report, the investigation, culminated into laying of chargesheet against the accused. The charge-sheet was laid before the Magisterial Court was committed to the court of sessions as accused was charged with commission of murder of his 2 children and the case was triable by the court of sessions. On being summoned from the Jail by the court of sessions, he pleaded not guilty and wanted to be tried. The trial court framed the charge on 4.1.1997 on the accused. On 21.5.1998 deposition of witnesses started. The prosecution examined about 14 witnesses, out of which Dhani Ram - PW2 and Ganesh Lal-PW10, who were eye witnesses did not support the case of the prosecution. The wife Kasturi-PW9 supported the case of the prosecution and her version came to be corroborated by the evidence of Dr.V.K. Purang-PW3 and Dr.N.K. Agrawal-PW12, who had performed the post-mortem of the two children.

5. To bring home the charges against the appellant, the prosecution examined about 14 witnesses, before the trial court:-

1	Deposition of Ali Mohd.	21.5.1998	PW1
2	Deposition of Dhani Ram	09/12/98	PW2
3	Deposition of Dr.V.K. Purang	05/01/99	PW3
4	Deposition of Nawab	11/01/99	PW4
5	Deposition of Karimuddin	11/01/99	PW5
6	Deposition of Shiv Singh	11/01/99	PW6
7	Deposition of Ali Husain	11/01/99	PW7
8	Deposition of Lal Chandra	11/01/99	PW8
9	Deposition of Kasturi	11/01/99	PW9
10	Deposition of Ganeshi Lal	25.1.1999	PW10
11	Deposition of Narpat Singh	25.1.1999	PW 11
12	Deposition of Dr.N.K. Agarwal	05/02/99	PW 12
13	Deposition of Mohan Lal	05/02/99	PW 13
14	Deposition of Ali Abbas Zaidi	22.3.1999	PW 14

6. In support of their ocular version following documents were filed:

1.	F.I.R.	12/12/95	Ex.Ka.19
2.	Written Report		Ex.Ka.1
3.	Death Report	12/12/95	Ex.Ka.5
4.	Request for Postmortem		Ex.Ka.6
5	P.M. Report	12/12/95	Ex.Ka.2
6	Report of Forensic Medicine	01/01/96	Ex.Ka.12A