- (1.) THIS appeal, preferred under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 28-11-1988, passed in Sessions trial No. 210 of 1987, by the then learned 1st Additional Sessions Judge, Nainital, whereby appellants Bhanumati was convicted under Section 302 of the In dian Penal Code, 1860 (hereinafter re ferred as I. P. C.) and has been sentenced to imprisonment for life.
(2.) PROSECUTION story in brief is that the complainant Tilak Ram (P. W. 1), fa ther of the deceased, lodged the first in formation report (Ext. A-1) with police station Kichcha on 27-07-1987 at 12:45 hours, alleging that his daughter Smt. Jasoda was marrid with Ash Narayan S/o Baldeo R/o Inderpur, P. S. Kichcha, District Nainital. The accused/appellant Smt. Bhanumati is the mother of Ash Narayan and mother-in- law of the deceased. The behaviour of accused/appellant was not good with the deceased and she used to threaten her. She also used to turn out her daughter-in-law (deceased) from her house but some days before the occur rence there was a compromise and Smt. Jasoda (deceased) was sent by her parents to live with her in-laws. In the intervening night of 21st and 22nd July, 1987, accused/appellant Bhanumati poured kerosene oil over Smt. Jasoda and set her on fire. The complainant, Tilak Ram (P. W. 1), has also stated that he got the information of the incident from the Up Pradhan of the Village Panchayat and after visiting the hospi tal and after enquiring about the inci dent from his daughter he came to the police station to lodge the F. I. R. against-the appellant. Constable Ram Pal Singh (PW. 2) registered the first information report (Ext. A-1) and prepared check report (Ext. A-2) and made entry in the general diary (Extract of which is Ext. A-3 ). The crime was registered as crime No. 158 of 1987 under Section 307 of the I. P. C. Meanwhile, the dying decla ration (Ext. A-4) of the deceased was recorded by P. W. 3, Purshottam Joshi, Naib Tehsildar, Kichcha. After about seven days, injured Jasoda succumbed to the injuries due to septicemia on 29-07-1987 at Primary Health Center, Kichcha and the case was converted into one under Section 302 of the I. P. C. , P. W. 7, S. I. R. B. Lal on receiving infor mation of death of Jasoda went to the Primary Health Center and took the dead body in his possession and got prepared inquest report (Ext. A-12) and other papers namely photo sketch of the dead body (Ext. A-14), police form No. 13 (Ext. A-13), police form No. 33 (Ext. A-15), letter requesting for post mortem examination (Ext. A-16 ). The dead body was sent for postmortem examination. P. W. 5, Dr. J. S. Pangti con ducted the postmortem examination of the dead body on 30-07-1987. Accord ing to the said Medical Officer cause of death was septicemia, which was pos sible due to extensive burns. He pre pared the postmortem examination re port (Ext. A-9 ). Initially, the investiga tion was done by P. W. 7, Sub Inspector R. B. Lal and after the crime was con verted to one under Section 302 of I. P. C. , further investigation was con ducted by P. W. 8, R. P. Singh, Station House Officer. After the statements of witnesses were recorded and site plan (Ext. A- 10) was prepared, charge sheet (Ext. A-19) against the appellant, was submitted in the court by PW. 8 (Inves tigating Officer ). Concerned learned Magistrate after registering the charge sheet provided necessary copies, as re quired under Section 207 of the Cr. P. C. , to the accused and committed the case to the court of Sessions for trial. The learned Sessions Judge, af ter hearing the prosecution and the de fence, framed charge of offence punish able under Section 302 of the I. P. C. against accused/appellant Bhanumati. The accused/appellant pleaded not guilty and claimed to be tried. On this, prosecution got examined P. W. 1, Tilak Ram, informant and father of the de ceased; P. W. 2, Constable Ram Pal Singh, who registered the first informa tion report (Ext. A-1) and prepared check report (Ext. A-2) and made en try in the general diary (Extract Ext. A-3); P. W. 3, Purshottam Joshi, Naib Tehsildar, Kichcha, who recorded the dying declaration (Ext. A-4) of the de ceased, at about 11:30 A. M. on 22-07-1987; P. W. 4, Dr. R. P. Singh, who re corded the injuries of Jasoda when she was brought to Hospital in an injured condition on 22-07- 1987, at 10:00 A. M. in Primary Health Center, Kichcha and who prepared injury report (Ext. A-7) and supplementary injury report (Ext. A-8); P. W. 5, Dr. J. S. Pangti, who conducted the autopsy and prepared postmortem examination report (Ext. A-9); P. W. 6, Constable Padam Singh, who accompanied the dead body to Mortu ary for postmortem examination; P. W. 7, Sub Inspector R. B. Lal, who initially investigated the crime and got prepared inquest report (Ext. A-12) of dead body and also prepared the site plan (Ext. A-10); photo sketch of the dead body (Ext. A-14), police form No. 13 (Ext. A-13), police form No. 33 (Ext. A-15); letter requesting for postmortem exami nation (Ext. A-16) and P. W. 8, R. P. Singh (Investigating Officer), who sub mitted the charge sheet. The oral and documentary evidence was put to the accused under Section 313 of the Cr. P. C. , in reply to which she alleged that the same was wrong and her daughter-in-law, Josada Devi had com mitted suicide by setting herself on fire, and due to enmity with the parents of the deceased she has been falsely im plicated in the case. In her defence D. W. 1, Smt. Shyamwati was produced as witness. After hearing the arguments of prosecution and that of the defence, learned Sessions Judge found the ap pellant guilty of the offence charged against her and convicted accused/ap pellant Bhanumati under Section 302 of the I. P. C. , and after hearing on sentence, sentenced her to imprisonment for life. Aggrieved by the judgment and order dated 28-11-1988, the convict has preferred this appeal. The appeal was initially filed before the Allahabad High Court in the year 1988, from where it was transferred to this Court under Section 35 of the U. P. Re-organi zation Act, 2000, for its disposal.
(3.) WE heard learned counsel for the parties and perused the entire evi dence on record. Before further discussions, it is pertinent to mention here, the injury found on the person of Jasoda, after the incident, by P. W. 4, Dr. R. P Singh, at about 10:00 A. M. on 22-07-1987, in Primary Health Center, Kichcha who recorded the injury report and prepared Ext. A-7 and supplementary injury re port Ext. A-8, which disclose following injury: 1. Superficial burn at outer aspect of the neck. Ruptured blusters present. 2. Burn at chest except the left breast present. Blisters are present. 3. Whole of the abdomen is burnt. It is reddish in colour anterior and posterior aspect. 4. Burn at the left hand present. It is reddish in colour. 5. Burn of the both buttock and both lower limbs are burnt. It is depth nature. 6. Deep burn of the upper left limo present. According to Dr. R. P Singh (P. W. 4) there were burns of Grade III in left up per and both lower limbs. There were superficial burns on other parts of body. Patient was kept under observation. Burns were about 75%.;