Arvind Kumar Tripathi, J. - (1.) MR . Anand Mohan Pandey holding brief of Mr. R.R. Mishra, Advocate appeared on behalf of the appellant and Mr. Virendra Pratap Yadav, learned A.G.A. appeared on behalf of the State of U.P. We heard arguments on 1.4.2015 and the judgment was reserved.
(2.) THE present criminal appeal has been preferred against the judgment and order of conviction and sentence dated 23.2.2005 passed by Additional Sessions Judge Court No. 3 Rampur in Sessions Trial No. 129 of 2003, State v. Sita Ram and Chandrawati, under Section 302, I.P.C. for life imprisonment and a fine of Rs. 10,000, arising out of Case Crime No. 1488 of 2002, under Sections 498A, 304B, 34 and 302, I.P.C., P.S. Civil Lines, District Rampur. The prosecution case in brief is that F.I.R. was lodged by Prem Saini, brother of deceased Smt. Meena with allegation that Sita Ram s/o Totaram, resident of Punjab Nagar, P.S. Civil Lines, District Rampur, was married seven years ago with his sister. Her husband Sita Ram and his mother appellant Smt. Chandrawati started misbehaving since very beginning as demand of handsome cash, etc., were not fulfilled. She was being abused and tortured. They used to ask to bring a sum of Rs. 20,000 though family of Smt. Meena was not in such a position to fulfil the demand. In the night of 10.11.2002 at about 10.30 p.m., Sita Ram and his mother poured kerosene oil on his sister Smt. Meena and thereafter, she was put on fire with 'deepak'. When he met with his sister in the hospital, she informed that incident took place in connivance of Sita Ram and his mother and both hatched conspiracy. The resident of that mohalla and neighbours reached there to save her after hearing her cry. Subsequently, she was admitted in District Hospital. F.I.R. was lodged and registered at P.S. Civil Lines, District Rampur on 4.11.2002 at 10 a.m.
(3.) THE Investigating Officer inspected place of occurrence and recovered one empty 'dibiya', piece of burned 'sanmaika' of bed, brassier, terrycot shirt, etc. Site plan was prepared (Ex. Ka -14). However, no blood was found at the place of incident. From injury report, it is clear that she was brought by her husband Sita Ram and got admitted in the hospital. She was examined by Dr. R.S. Saini at about 1.50 a.m. (night) on 3.11.2002/4.11.2002. Injuries noted on person of Smt. Meena was burn superficial to deep all over the body including face, neck, chest, back of chest, abdomen, back of abdomen, pelvic region, both legs, both upper arm, forearm, skin peeled off or peeled over the body, approximately 90%. Further remark by Doctor was superficial to deep burn, burned clothes attached somewhere over the body. There was urgent call to Surgeon and she was admitted in emergency ward, smell of kerosene oil was present.;