ARVIND K.TRIPATHI, J. - (1.) SHRI Dilip Gupta and Shri Rajarshi Gupta, learned counsel appeared on behalf of the appellant and Shri Chandrajeet Yadav, learned A.G.A. appeared on behalf of the State.
(2.) HEARD learned counsel for the appellant, learned A.G.A. and perused the record and judgment was reserved on 24.4.2015.
(3.) THE present Criminal Appeal has been filed on behalf of Tahir alias Istahar against the judgment and order of conviction dated 14.8.2008 passed by learned Additional Sessions Judge, court no.1 Bareilly in S.T. No.1155 of 2004 (State of U.P. Vs. Tahir alias Istahar) convicting the appellant to undergo imprisonment for life with fine of Rs.2000/ - and in default of payment of fine further imprisonment for a period of one year. The brief facts of the prosecution story is that the First Information Report was lodged by Salim s/o Abdul Rahim, Mohalla Maula Nagar, PS.Prem Nagar, District Bareilly on 3.8.2002 at 9.45 P.M. According to First Information Report the niece of the informant namely Kumari Rubi and two sisters Noori and Sabina were living alongwith the informant since their parents had died. In absence of the informant one Tahir s/o Zamil Koltar Wale belonging to the same Mohalla was visiting his house and there was love affair in between the niece Kumari Rubi and Tahir. He came to know after the incident shot on 1.8.2002. On 1.8.2002 at 2.50 P.M. (noon) Tahir came at his house and told his bhanji Kumari Rubi that due to her, he was defamed, hence she would not be left alive. Kerosene which was kept in kitchen was poured on her and by match stick she was put on fire. When his other niece Kumari Sabina and his sister Sabana raised alarm, he ran away from the spot. Her sister Sabana poured water. She received burn injuries. When he came to know, she was taken to the district hospital where she was admitted. The Magistrate concerned recorded her statement on 2.8.2002 and subsequently at about 4.00 A.M. she expired. The written First Information Report was given by him. The scribe Ishrar was of the same Mohalla. The First Information Report was registered at Case Crime No.1390/2002 on 3.8.2002 at PS.Prem Nagar, District Bareilly.;