Pritinker Diwaker, J. - (1.) This appeal arises out of the impugned judgment and order dated 11.06.1986 passed by the Sessions Judge, Etawah in Sessions Trial No.172 of 1985 (State Vs. Janardan Dube & Ors.), convicting the appellants under Section 302/34 of IPC and sentencing them to undergo life imprisonment.
(2.) In the present case, name of the deceased is Smt. Madalsa, wife of accused no.2, Rakesh Kumar. Their marriage was solemnized on 08.12.1980 and she died on 12.11.1983 in the hospital after sustaining 100% burn injury. It is said that on 11.11.1983 at about 8:00 am, all the three accused persons poured kerosene oil on the deceased and set her ablaze. Injured Smt. Madalsa was immediately taken to hospital where, on 12.11.1983, she succumbed to her injuries. The incident is said to have been witnessed by a child witness-Nisha (PW-2), who at the relevant time was aged about 8 1/2 years.
(3.) On the basis of a written report (Taharir)-Ex. Ka.3, lodged by (PW-1) Satya Narain Misra, FIR-Ex.Ka.4 was registered on 13.11.1983 against three accused persons under Section 302 of IPC. Inquest on the dead body of the deceased was conducted, vide Ex. Ka.9 on 12.11.1983 and the body was sent for postmortem which was conducted on 13.11.1983, vide Ex. Ka.13 by PW-5, Dr S K Srivastava. As per autopsy surgeon, following injuries were noticed on the body of the deceased: "I, II, III degree burns present all over the body except both legs, feet & sores. Whole of the back involved in burn injury." As per autopsy surgeon, the cause of death of the deceased was due to excessive burns and shock as a result of fluid loss.;