BHIM SEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jitendra Singh, learned counsel for the appellant and Sri M.C. Joshi and Smt. Manju Thakur, learned A.G.A.-I for the State.

(2.) Appellant Bhim Sen has filed this appeal before this Court against the judgement and order dated 06.08.1988 passed by IInd Additional Sessions Judge, Mathura in S.T. No. 603 of 1987, 'State Vs. Gir Prasad and two others' arising out of Case Crime No. 157 of 2014 by which he has been convicted and sentenced to imprisonment for life u/s 302 I.P.C. and three years rigorous imprisonment u/s 498-A I.P.C. Both the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that appellant Bhim Sen son of Dhaniram was married according to Hindu rites and rituals to Smt. Bina (deceased), daughter of Sukha, resident of village- Pilua Sadikpur, P.S.- Farah, District- Mathura about three years before the incident and one Bainiram was the middle man. It is also alleged that Bainiram had given a loan of Rs. 14,000/- to Dhaniram, father of the three accused, prior to the said marriage and when Dhaniram showed his reluctance to return the loan amount, Bainiram asked him to return the same with a promise to give him loan again at the time of marriage of appellant Bhim Sen, as a result of which Dhaniram returned the said money to Bainiram. It is further alleged that at the time of the marriage of appellant Bhim Sen when Dhaniram again demanded the loan from Bainiram, he refused to oblige him. However, for the said marriage of appellant Bhim Sen, Dhaniram took loan from some third person. The other two accused, Chhotey and Gir Prasad used to tell appellant Bhim Sen that he must compensate them for the money spent by their father in the marriage. It is further alleged that two months prior to May, 1986, appellant Bhim Sen went to Sukha, father of Smt. Bina (deceased) and asked him to arrange payment of Rs. 7,000/- spent by her father in the marriage but Sukha showed his inability to arrange the said money. Thereafter, all the aforesaid three accused, it is alleged, started harassing and maltreating Smt. Bina for the said amount. It is further alleged that on 19.05.1986 at about 7 a.m., P.W.1 informant Girraj Singh, Pradhan of village- Kharba along with P.W.2 Ram Gopal alias Ghora happened to pass from near the house of appellant Bhim Sen and they heard shrieks of a lady emanating from inside his house. When they went inside the house, they saw Smt. Bina in the courtyard, appellant Bhim Sen and accused Chhotey had caught hold of her while accused Gir Prasad had set her on fire as a result of which she was burnt. It is also alleged that before putting her on fire, kerosene oil had been poured on her body by accused-appellant Bhim Sen. The said occurrence was also witnessed by P.W.3 Saligram, P.W.4 Ram Dayal and other residents of village- Nagla. Smt. Bina was taken to P.S.- Raya by P.W.1 informant Girraj Singh to lodge the written report of the incident (Ext.Ka.1) containing the prosecution version of the case.