Surendra Vikram Singh Rathore, J. - (1.) INSTANT criminal appeal was preferred by appellants Kamlesh Kumar and Sheo Kumar. During pendency of the appeal, appellant Kamlesh Kumar expired, therefore, the appeal so far as it related to appellant Kamlesh Kumar was abated vide order dated 10.10.2007.
(2.) CHALLENGE in the instant criminal appeal is the judgment and order dated 27.11.1981 passed by II Additional Sessions Judge, Hardoi, in Sessions Trial No. 282 of 1980 (as per lower court's record the correct Sessions Trial number is A -282 of 1980), arising out of Case Crime No. 143 of 1980, Police Station Mallawan, District Hardoi, whereby the surviving appellant Sheo Kumar was convicted as under: - - "i) For the offence under Section 302 read with Section 34 IPC imprisonment for life; ii) For the offence under Section 460 IPC, rigorous imprisonment for a period of five years; iii) For the offence under Section 436 IPC, rigorous imprisonment for a period of two years; iv) For the offence under Section 201 IPC, rigorous imprisonment for a period of two years, and v) For the offence under Section 323 read with Section 34 IPC, rigorous imprisonment for a period of one year." In brief, the case of the prosecution was that in the intervening night of 17/18.04.1980 at about 02.20 AM, a telephonic information was given by Raj Kumar of village Sarfuddinpur to Police Station Mallawan, District Hardoi, informing the police that the fire has spread in the village. This information was reduced in writing in G.D. No. 2 and thereafter SHO PW -5 Ranvir Singh along with some other police personnel went to the said place. After reaching the place of occurrence, the police party made effort to control the fire. Meanwhile, fire brigade also reached there and the fire was subsided. A suspicion was raised in the mind of SHO Ranvir Singh that it is not a case of fire but it is a case of murder. So, he recorded the statement of Smt. Sushila Devi (PW -1) and reduced it into writing and her signatures were obtained on it, thereafter it was sent through one constable to the police station. On the basis of the said statement, the case was registered and the papers relating to the investigation and other papers were sent by the same constable to SHO at the place of occurrence. In her statement, Smt. Sushila Devi had disclosed that deceased Shiv Pyari was her relative. She was having no issue. Hence, the daughter of the complainant (Km. Uma, PW -3) was living with deceased Shiv Pyari for the last 10 -12 years and marriage of Km. Uma was also settled by deceased Shiv Pyari. Tilak of Km. Uma was to be sent on 22.04.1980 to village Muriya Khera. In the intervening night of 17/18.04.1980, Km. Uma and Shiv Pyari were sleeping on one cot and the complainant Smt. Sushila Devi along with her two minor children was sleeping on the other cot. There was light of Dibia. In the midnight, appellants Kamlesh Kumar and Sheo Kumar with the help of a rope came down in the courtyard of the house of the deceased Shiv Pyari. Appellant Kamlesh Kumar (dead) was armed with country made pistol and appellant Sheo Kumar was having a torch and a country made pistol. Appellant Kamlesh Kumar caught hold of Shiv Pyari. Shiv Pyari raised alarm. Hearing her alarm, the complainant and her children got up. In the meantime, Shiv Pyari sat on her cot. Appellant Kamlesh Kumar fired with his country made pistol which did not hit her. Thereafter fire was repeated by appellant Kamlesh Kumar due to which she fell down on the cot and died. Both the accused persons pushed the complainant and her children in the southern room and they dragged the dead body of deceased Shiv Pyari in the small room where cow dung cakes were kept and after pouring kerosene oil, it was set ablaze. Appellant Sheo Kumar had poured kerosene oil and appellant Kamlesh Kumar set it at fire due to which the dead body of Shiv Pyari and household goods and also the buffalo were burnt. Both the accused persons after committing this offence ran way through the stairs. It was alleged that in the light of Dibia and torch, the complainant Sushila Devi and Km. Uma had recognized the accused persons. During investigation Dibia, blood stained and plain earth, dari, piece of blood stained cot were taken into custody and their memos were prepared. Three empty cartridges were also recovered by the police and its memo was prepared. Two silver bangles were also recovered and its memo was prepared. Other goods, found in the house, were also taken into custody by the police and were given in the supurdigi of Smt. Sushila Devi and its Fard Ext. Ka -12 was prepared. During incident, Smt. Sushila and her minor son Awadhesh had sustained injuries. They were medically examined at PHC Mallawan in the evening of 18.04.1980. In the medical examination of Smt. Sushila, which was conducted by PW -2 Dr. D.N. Shukla at 05.30 PM, the following injury was found on her person: - - "Contusion 3 cm x 2 cm at right knee joint. Reddish in colour. Complain of pain at left shoulder but no injury detected. Injury was simple and caused by blunt object and duration was about 3/4 day." Injured Awadhesh aged about 7 years was also examined at 05.45 PM and one penetrated wound 0.5 cm x 0.3 cm x bone deep at occipital region 15 cm above neck, margins were irregular and inverted. Injury was simple and caused by some blunt pointed weapon. Duration was about 3/4 day.
(3.) THE inquest proceedings were conducted in the morning of 18.04.1980 and the dead body was sent for postmortem, which was conducted on 19.04.1980 at 09.30 AM. In the postmortem, ante -mortem burn injuries, on the whole body, were found. Body was completely burnt, charred, roasted and cooked. Only few viscera and bones were present. The cause of death was extensive burn injuries.;