S.C.AGARWAL, J. - (1.) (Delivered by Hon. Mrs. Justice Poonam Srivastav) The instant criminal appeal is preferred against the judgment and order dated 6.6.2006 passed by the Additional Sessions Judge, Fast Track Court No. 1, Siddharth Nagar in Session Trial No. 82 of 2004 convicting the appellant Sugreev under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs. 5,000/-. In default of payment of fine, five months further imprisonment. The appellant is also convicted under Section 307 I.P.C., sentenced to undergo nine years R.I. and fine of Rs. 5,000/-. In default of payment of fine, further imprisonment of five months. Both the sentences are directed to run concurrently.
(2.) THE occurrence is alleged to have taken place in the intervening night of 12/13.5.2004 at 11.00 P.M. F.I.R. was lodged on 16.5.2004 at 9.15 A.M. by PW-2 Baddu Yadav at Police Station Kotwali Lotan, District Siddharth Nagar situated at a distance of three kilometres from the place of occurrence. One Laddu Yadav is alleged to have died on 15.5.2004 at 6.00 A.M. in Medical College, Gorakhpur as a result of acid burn injuries which he had received in the intervening night of 12/13.5.2004. According to the prosecution story as unfolded in the F.I.R., it is alleged that at the time and date of occurrence, Laddu was sleeping with his wife Isarawati PW-1 on his door. Two children were sleeping nearby. The accused appellant Sugreev is alleged to have thrown acid from a gallon (container). On hearing shrieks, villagers arrived and saw the deceased Laddu and his wife Isarawati were burnt. The injured were taken to Naugarh Government Hospital from where they were referred to Government Medical College, Gorakhpur. The deceased died on 15.5.2004 and post mortem was performed on the body of the deceased. His wife Isarawati was also alleged to be seriously injured. Brother of the appellant used to work in an acid factory in Maharashtra. The appellant and deceased used to live in the same quarter and there was some verbal altercation between them. The deceased had come home since last four months. The appellant Sugreev came to village on 12.5.2004 and had brought acid with him which he threw on the deceased at 11.00 P.M. at night. The explanation given for delay in lodging the F.I.R. was that family members were not at home and entire family had gone to Medical College, Gorakhpur. Post mortem was performed on 15.5.2004 at 4.00 P.M. by Dr. R.M. Singh PW-7. Doctor had found the skin burnt leathery parchment like all over body. Eyes were bursting out.
(3.) THE deceased who had received injuries in the intervening night of 12/13.5.2004 as well as his wife PW-1 were admitted as an accidental burn case and examined by PW-5 Dr. R.S. Shukla. The injury report of the deceased Laddu Ex. Ka-2 mentions 50% burn injuries. Injury of Smt. Isarawati PW-1 was also examined on the same day i.e. 13.5.2004 by the same doctor which is Ex. Ka-3. Laddu died on 15.5.2004 at 6.00 A.M. Inquest was prepared by HCP Ramakant on 15.5.2004 Panch witness Mutthi Yadav was examined as court witness. Chandrabhan and Sumer Yadav are brothers of the deceased and Ramakant Yadav as witness of inquest.;