Pritinker Diwaker, J. - (1.) This appeal arises out of impugned judgement and order dated 8.8.2008 passed by the learned Sessions Judge, Jaunpur in Sessions Trial No.218 of 2007 (State of UP vs. Narendra Kumar Yadav alias Narendra Prasad), convicting the appellants under Sections 302, 201 read with Section 511 of IPC and sentencing them to undergo imprisonment for life and fine of Rs.1000/- each, in default thereof, six months further simple imprisonment and to undergo five years rigorous imprisonment. Both the sentences shall run concurrently.
(2.) In the present case, name of the deceased is Nagina Devi, wife of accused no.1-Narendra Kumar Yadav and daughter-in-law of accused no.2-Sughara Devi. Marriage of the deceased was performed with accused no.1 on 20.5.2002 and she died a homicidal death on 12.4.2007. On 14.4.2007 at about 11:40 am, written report Ex.Ka.1 was lodged by PW-1 Radhey Shyam Yadav, father of the deceased based on which, FIR Ex.Ka.2 was registered against accused appellants and two minors, namely Badkau and Chhotkau under Sections 498-A, 304-B of IPC read with Section 3/4 of Dowry Prohibition Act. Inquest on the dead body of the deceased was conducted, vide Ex.Ka.6 on 12.4.2007 and the body was sent for post-mortem which was conducted on 13.4.2007, vide Ex. Ka.5 by PW-5 Dr R K Sinha. As per Autopsy Surgeon, following injuries have been found on the body of the deceased: "Deep burn of Vth to VI degree, about 96% of total body surface area, sparing the both soles and buttock; charring of whole limbs and muscles present. All hairs (scalp, eyebrows, eyelashes, axillary and pubic hair) are burnt out. Tongue protruded. Hyoid bone # (Rt. side cornua of hyoid bone #)" Cause of death of the deceased is Asphyxia as a result of ante mortem throttling.
(3.) Vide Ex.Ka.13, from the house of the accused persons where the deceased was burnt, half burnt wood, half burnt Kathari and ash thereof were seized.;