- (1.) MAITHLI Sharan, J. This appeal is directed against the judgment of conviction and sentence dated 25-1-1980, passed by the Sessions Judge, Bara Banki in S. T No. 99 of 1979, convicting the appellant Ram Vinod for the offence under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.
(2.) PROSECUTION story briefly, runs thus. The deceased Smt. Laxmi Devi was married to accused F. au Vinod in the year 1968 and after the marriage she was living with her husband at the latter's house at village Karkha, Police-Station Kotwali, district Barabanki. It is alleged that she was burnt during the intervening night of 24th and 25th October, 1977 at her house, Le. , at her husband's place, in village Karkha. On 25th October, 1977 in the evening at about 7 p. m. one Vinod s/o Suraj Prasad came to the house of deceased Laxmi Devi's father Salik Ram (PW 3) and informed that Laxmi Devi had been burnt and her condition was serious. Thereupon Salik Ram (P. W. 3), alongwith his wife, went to village Karkha on a rickshaw and reaching there they found that the house was bolted from inside and after much time it was opened. Going inside the house they found that their daughter Laxmi Devi was lying severely burnt on a bare cot in the kitchen, her body, except the face, was severely burnt and that there was no cloth on her body; body was simply covered with a Dhoti. These two persons, murdered her but she did not say anything and simply hinted something. Her in-laws and some villagers told them that she was burnt during the intervening night of 24th and 25th October, 1977. According to the prosecution accused's parents did not in form them but instead they got this informa tion from some third source and her in- laws had not even admitted her in any hospital, and, thus, she was not being given proper medical treatment. The rather of the deceased, namely, Salik Ram (P. W. 3) came to the Police-Station Kotwali, district Bara Banki and gave a written report Ext. Ka 5 in the night at about 1 a. m. , the same day. It was received by the then Head Constable Jagdamba Prasad P. W. 1, and he prepared the Chek report Ext. Ka 1. The Station House Officer of Police-Station Kotwali Narendra Bahadur Singh (P. W. 8) started investigation in the case. He then and there recorded the statement of the complainant Salik Ram (P. W. 3) and reached the village Karkha. He found that Smt. Laxmi Devi was lying on a cot in a burnt state and she immediately needed medical help. He inspected the spot and prepared the spot map (Ext. Ka 12) and Smt. Laxmi Devi was got admitted in the Civil Hospital. Barabanki. The accused Ram Vinod was arrested. The Investigating Officer recorded the statement of other wit nesses also. In the hospital the dying decla ration of Smt. Laxmi Devi was recorded on 26-10-77 by the Executive Magistrate Sri R. S. Saksena (P. W. 2) in the presence of Dr. VN. Agarwal (P. W. 6) who had certified that Smt. Laxmi Devi was in a fit mental state to make the dying declaration. This was done at 11 p. m. on 26-10-77. In the noon time that very day she was medically examined by Dr. Shyam Kishore (P. W. 4) who found old su perficial burn 55%, the skin had blackened and peeled off at places and blisters had also formed at places, burn was found painful. The report is Ext. Ka 6. Smt. Laxmi Devi died on 3. 11. 77 and then autopsy on her deadbody was done by Dr. O. P. Gupta (P. W. 7), the post-mortem report is Ext. Ka 7. The Investigating Officer Narendra Bahadur Singh completed the rest of the investiga tion of the case and thereafter filed the charge-sheet in the court. Charge for the offence under Sec tion 302 of the Indian Penal Code was framed against the accused Ram Vinod, the husband of the deceased Smt. Laxmi Devi; who pleaded not guilty and claimed to be tried. In his statement under Section 313, Cr. PC. he admitted that his wife Smt. Laxmi Devi had died of burn injuries but he ex pressed his ignorance as to how she got burnt. He simply denied that he had com mitted any offence.
(3.) PROSECUTION examined eight wit nesses before the learned trial Court, out of whom three are medical witnesses and three are Police witnesses, one Executive Magistrate who recorded the dying declara tion of deceased Smt. Laxmi Devi and the rest one is the father of deceased Smt. Laxmi Devi, namely, Salik Ram (P. W. 3 ). Relying on the dying declaration Ext. Ka 4 and the evidence of Salik Ram (P. W. 3), the learned Sessions Judge came to the conclusion that the prosecution had been successful in prov ing its case against the accused-appellant Ram Vinod beyond reasonable doubt, and, therefore, he convicted and sentence him to undergo imprisonment for life. Being ag grieved by this judgment of conviction and sentence passed by the learned trial Court accused Ram Vinod has preferred this ap peal. We have heard the learned counsel for the accused-appellant and the learned Government Advocate at length.;