Anil Kumar Srivastava, J. - (1.) Instant appeal has arisen against the judgment and order dated 26.9.2014 passed by learned Additional Sessions Judge, Lucknow in S.T. No. 1013/2013, case crime No. 216/2013, Police Station Husainganj, District Lucknow, whereby the learned trial court has convicted and sentenced the accused-appellant under sections 498-A and 307, IPC and sentenced to rigorous imprisonment for ten years and fine of Rs.5,000/- with default stipulation of two and half months under section 307, IPC and two years rigorous imprisonment and fine of Rs.2000/- with default stipulation of one month under section 498-A, IPC.
(2.) As per the prosecution version, a first information report was lodged by Seema, wife of the accused Mahesh alias Rahul on 15.9.2013 at Police Station Husainganj, District Lucknow, stating that she was married with the accused-appellant about nine years back. Daughter was born out of their wedlock. During the intervening night of 14/15.9.2013 at about 01:00 a.m. accused came to the house in drunken condition. When the victim asked him about the whereabouts for the last two days, he poured kerosene oil upon her and set her ablaze. On the basis of first information report chik FIR was registered at case crime No. 216/2013, under sections 498-A, 307, IPC. Investigation was handed over to SI Radheshyam Singh. Victim was medically examined on 15.9.2013 at 09:00 a.m. at Dr. SPM Civil Hospital, Lucknow wherein superficial to deep burn all around 18% were found. Investigating Officer recovered a bottle of kerosene oil and match box, prepared the site plan, recorded the statement of witnesses. Thereafter charge sheet was submitted against the accused-appellant under sections 498-A, 307, IPC.
(3.) Accused was charged under sections 307 and 498-A, IPC. He denied the charges and claimed trial.;