JITENDRA SINGH AND ANR. (IN JAIL) Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 30.8.1990, passed by the Sessions Judge, Rae Bareli in S.T. No. 186 of 1988 convicting the Appellants under Section 304B of Indian Penal Code and sentencing each of them to undergo seven years rigorous imprisonment and further convicting them under Section 498A, I.P.C. and sentencing each of them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200 each.

(2.) I have heard the learned Counsel for the accused Appellants and Sri C. P. M. Tripathi learned Additional Government Advocate.

(3.) AFTER completing the investigation, the Investigating Officer submitted a charge -sheet on 10.7.1988 against the accused Jitendra Singh, Lal Bahadur Singh, Samar Bahadur Singh and Krishna Devi under Sections 147, 302, 304B and 498A, I.P.C. The accused were charged firstly under Section 302/149, and subsequently under Sections 304B/149, I.P.C. and 498A, I.P.C. The accused pleaded not guilty and denied the charge. Accused Jitendra Singh has given statement under Section 313, Cr. P.C. that at the time of incident, he had gone to ease in the latrine and when he came out, he saw that his wife was burning and his younger brother was making attempt to extinguish fire and he also made an attempt to extinguish the fire. Before going to the latrine, he had asked his wife to make food hot. Accused Appellant Lal Bahadur Singh has given the statement that he had gone in 'katha' in Paharpur along with his wife and on hearing about the incident, he came back and had taken away the deceased to the hospital.