MAHENDRA DAYAL, J. - (1.) THE appellants Sohan Lal and Smt. Chotki alias Kuwnara, both husband and wife, have been convicted by Additional Session Judge, Court No.35, Barabanki in Session Trial No.1093/2011, decided on 03.05.2013, whereby they have been convicted under Section 304/34 IPC and have been sentenced to undergo rigorous imprisonment of ten years each. They have also been imposed a fine of Rs.2,500/ -. The appellants have further been convicted under Sections 323/34, 452, 506(2) IPC and have been sentenced to undergo imprisonment of six months, three years and one year respectively.
(2.) AS per the prosecution case, the occurrence took place on 23.04.2011 at about 11.00 AM. The FIR was lodged by the informant Raj Kumar on 23.04.2011 itself at 1.30 PM alleging therein that on account of a prior dispute with regard to a passage, the appellants abused the wife and mother of the informant. On being stopped by them not to hurl abuse, they assaulted them using "lathi" and wooden sticks. It was further stated in the FIR that when the informant's wife took shelter inside the house, the appellants forcibly entered into the house of the informant and poured kerosene oil on the body of the informant's wife, namely, Rajdulari and set on her fire, as a result of which she received serious burn injuries. The occurrence was witnessed by the informant's sons, namely, Abhishek and Saurabh. The informant took her wife to the District Hospital, Barabanki for treatment and thereafter lodged a report. During treatment, the informant's wife died.
(3.) ON the basis of the FIR lodged by the informant, a case was registered by the police and the Investigating Officer proceeded to investigate the case. He visited the place of occurrence and prepared a site plan. Thereafter, he recorded the statement of the eye -witnesses as well as of the informant. After concluding the investigation, he submitted charge -sheet against the appellants. The prosecution in order to prove its case before the learned trial court examined eleven witnesses and after the prosecution evidence was over, the appellants were examined under Section 313 CrPC. The appellants did not give any evidence in defence. The learned trial court after hearing the prosecution as well as the appellants and on considering the material on record, acquitted the appellants for the offence under Section 504 IPC, but convicted them in all other sections as aforesaid. I have heard Smt. Nisha Srivastava, learned counsel for the appellants and learned AGA for the State.;