- (1.) ALLAH Raham, J. This is an appeal against the judgment and order dated 21-1-2005 passed by Additional Sessions Judge, Lucknow in Session Trial No. 993 of 2002, under Sections 302/34 and 504 IPC, P. S. Husainganj, District Lucknow whereby accused appellants Mohd. Kaleem, Mohd. Azam and Smt. Salma were found guilty under Section 302/34, IPC and sentenced to undergo imprisonment for life and a fine of rupees one thousand each. In default of payment of fine, simple imprisonment for one month was also awarded.
(2.) THE prosecution story as it appears from the statement of witnesses and the record is that deceased Shahana and accused appellant Mohd. Kaleem alias Kammu were in love with each other. Subsequently their marriage was solemnized in December, 1999. Appellant Mohd. Azam is elder brother of Mohd. Kaleem, while Smt. Salma is the wife of Mohd. Azam. Mohd. Mobin P. W. 1, brother of deceased Shahana has stated that on 3-6-2002 at about 11. 00 a. m. he was standing outside Shahana's house. His own house is also nearby. He heard some shrieks from Kammu's house. He could make out that it was Shahana's voice. He immediately reached Shahana's house where neighbours Chand, Chanda and Shahan etc. had also arrived. He saw Abdul Halim, Kammo, Mohd. Azam and Salma were holding Shahana and the clothes of Shahana had caught fire and she was burning. The accused persons said that this tension will finish today. Then the accused persons fled away. Shahana was burning on the first floor of the house which could be reached by a ladder. The accused persons had removed the ladder which prevented him (P. W. 1) and others reaching the roof of first floor to save Shahana. He and other witnesses put blanket on Shahana and extinguished her fire. He also requested for a bed-sheet from accused Salma but she refused to give a bed-sheet. He brought few bed-sheets from Hafeez Rahman's house and covered Shahana's body. He and others took Shahana to King George Medical College and got her admitted there. Shahana told him that in the night her husband Kammu beat her. Both Kammu and Mohd. Azam used to beat her very frequently and Shahana also told him that accused Halim, Mohd. Azam, Salma and Kammu poured kerosene oil on her and set her on fire. Shahana succumbed to her burn injuries at 1. 30 p. m. next day. He (P. W. 1) lodged the F. I. R. Ex. Ka-1 at the police station. Constable Pramod Kumar (P. W. 4) scribed the chick of FIR Ex. Ka-7. S. I. Madhur Misra (P. W. 6) was entrusted with the investigation of this case. He recorded the statements of the complainant Mohd. Mobin and Shahana. He inspected the site with the held of these witnesses and prepared a site plan Ex. Ka-9. He took into custody the burnt clothes, burnt plaster and unburnt plaster, broken bangles etc. and prepared a memo Ex. Ka-10. On 4- 6-2002 he arrested accused Mohd. Kaleem and Abdul Halim and recorded their statements. After the death of Shahana the case was altered from Section 308, IPC to Section 304, IPC on 5-6- 2002. S. I. Sri Surender Nath Tewari (P. W. 5) took the investigation of this case from Sri Madhur Misra on 4- 7-2002. He studied the case diary. On 20-9-2002 he recorded the statements of accused Mohd. Azam and Smt. Salma. On conclusion of the investigation, he submitted a charge-sheet Ex. Ka-8 against accused Mohd. Azam, Smt. Salma, Mohd. Kaleem and Abdul Halim. Accused Abdul Halim died during the pendency of trial, therefore, the case abated against him. Accused Mohd. Kaleem, Mohd. Azam pleaded not guilty to the charges under Section 302/34, IPC and 504, IPC. Smt. Salma also pleaded not guilty to a charge under Section 302, IPC.
(3.) ACCUSED Kaleem stated that he and Shahana had contracted love marriage as a result of which the family members of Shahana were annoyed with them. The family members of Shahana wanted him to divorce her so that she could be married elsewhere. They also used to pressurize Shahana to divorce him. On the date of occurrence he was not in his house. He and Shahana were living together on the third floor of the house. After the occurrence he reached the hospital from where he was arrested. Smt. Salma has stated that she was living on the second floor of the house alongwith her husband. Accused Kaleem and the deceased were living on the third floor of the same house. Accused Kaleem had asked his Sasurali not to visit his house. Still they used to visit Kaleem's house surreptitiously. She used to inform Kaleem about these visitors. On the day of occurrence, she was on the Silai Karai (knitting and weaving) Centre, where she works. Accused Mohd. Azam has stated that on the day of occurrence he was living on the second floor of the same house and at the time of occurrence he was not present in the house.;