- (1.) Heard Sri Daya Shanker Mishra, learned counsel for all the five appellants and the learned A.G.A. Sri Ajit Ray for the State.
(2.) The appellants have been convicted by the learned Additional Session Judge, Court No. 3, Deoria vide judgment dated 19th July, 2016 in Session Trial No. 310 of 2013 and Session Trial No. 296 of 2013 arising out of Case Crime No. 1171 of 2012 under section 498A and 302/34 IPC, P.S. Rampur Karkhana, District Deoria. All the appellants have been awarded life imprisonment and have been awarded separate sentences for the offences holding them liable for having committed the offence for which they were tried. Alim Ullah, Atim Ullah, Amir Ullah and Israil have been convicted under section 302/34 IPC as well as under section 498-A IPC whereas the appellant Kushaida Khatoon has been convicted under section 498-A and Section 302 IPC. Their sentences are to run concurrently and are coupled with fine and in default of payment of fine they have to undergo additional incarceration as per the impugned judgment.
(3.) The incident as narrated in the FIR is that on 23rd November, 2012 at about 2:00 P.M. in the afternoon the appellants assaulted the deceased Shakira Khatoon and the fifth appellant Kushaida Khatoon poured kerosene oil over her and set her ablaze. It is alleged that the incident was witnessed by P.W. 1 Shamsher Alam who is the brother of the deceased and is the informant and P.W. 2 Mubarak Husain who is the father of the deceased. The FIR also narrates that the same was also witnessed by other villagers and the informant along with his father carried the deceased Shakira Khatoon who had sustained burn injuries for treatment to Primary Health Centre, Dumri . They were advised to take her to the District Sadar Hospital, Deoria where she was admitted for treatment whereafter the informant came to the police station and lodged the FIR. It was registered on the same day according to the informant at about 7:30 P.M. by one Kavindra Nath Singh the Head Moharrir Constable of police station Rampur Karkhana who has been examined as P.W. 8.;