Amar Saran, J. - (1.) THIS Government Appeal No. 3705 of 2006 has been preferred by the State of U. P. against the judgment and order of the Additional District and Sessions Judge, Fast Track Court No. 2, Kanpur Dehat acquitting the accused respondent Udai Veer Singh alias Munan under Sections 376 and 302, I.P.C. A connected Criminal Revision No. 1375 of 2006 has also been preferred by the informant Ram Chandra Tiwari against the judgment of acquittal.
(2.) THE brief facts of this case were that on 21.3.2005, when the informant Ram Chandra Tiwari returned from the Kutchery to his home in village Kasturi Niwada, he saw his neighbour, the accused respondent running out of his house. When he entered the house, he found his daughter-in-law Smt. Rinki Devi in flames, as a result of which she was tossing about in anguish. He raised a loud alarm, which attracted his neighbour Subhash Chandra and his wife Smt. Shashi Devi and other villagers, who helped in dousing the fire. At that time, his son Vijay Kumar Tripathi, who had gone for his mami's terahawi (thirteen day ceremony) in village Gaupur arrived there accompanied by his brother-in-law, (sala) Akhilesh. When they inquired from Smt. Rinki Devi as to how she had caught fire, then Rinki Devi disclosed that the accused respondent had entered the house and thrown her on a cot and forcibly committed rape on her on knife point. When she raised a cry and threatened to complain, then the respondent poured some kerosene oil on her, which was lying in a container nearby. After that Smt. Rinki lapsed into silence. Two children of Rinki Devi Deva 8 years and Vaibhav 5 years were also present. As the condition of Rinki Devi was serious, after arranging for a tractor, she was immediately taken to Paharipur, where a marshal jeep had arrived from Rasoolabad. By this vehicle the informant proceeded to the Rasoolabad police station where after having given oral information of the incident, as the condition of Smt. Rinki Devi was serious, he took her to Ursula hospital at Kanpur for her treatment, where she died at 3.00 a.m. on 22.3.2005. After the inquest and post mortem were conducted there, the informant lodged the report (Ext. Ka-1) on 22.3.2005 at 11.35 p.m. at P. S. Rasoolabad, which was scribed by Ram Kishore Misra. On the basis of the informant's written report, the chik report and G.D. were prepared (vide Exts. Ka-11 and Ka-12). THE police came to the house of the informant on 22.3.2005. After spot inspection, the Investigating Officer S. I. Munna Lal Uttam P.W. 6 prepared recovery memo of burnt clothes, ash, plain mud, broken piece of bangles from the spot, one burnt match box red plastic container containing kerosene oil (Ext. Ka-2), a piece of printed pink saree of the deceased and striped bed sheet (Ext. Ka-3). He also prepared site plan of the house (Ext. Ka-5). He recorded the statements of the witnesses on 23.3.2005. He made attempts to apprehend the accused and he submitted the charge-sheet (Ext. Ka-6) on 25.4.2005. He proved the signature and writing of S. I. Umesh Chandra, who had prepared inquest (Ext. Ka-4) and connected papers viz., photo lash, letter for C.M.O., the seal, challan lash (Ext. Ka-7 to Ka-10). Post mortem report (Ext. Ka-13) whose proof was dispensed with by the accused under Section 294, Cr. P.C. showed that the post mortem was conducted on 22.3.2005 at 1.45 p.m. by Dr. Satish Kumar at C.H.C. Bilhour, Kanpur Nagar. Rigor mortis was present in the upper extremities and was appearing in the lower extremities. THE ante mortem injuries were as follows : Skull hair singed. Superficial and deep burn injury all over body except lower part of both legs, feet and soles. Line of redness present.
(3.) VIGGO with leucoplast at right wrist joint. Skin pealed off at places.;