- (1.) THE appellant stood convicted under Section 302, I. P. C. and was sentenced to life imprisonment by an order dated 30-7-80 recorded by Sessions Judge, Banda in S. T. No. 76 of 1980. Upon presentation of the instant appeal, he was directed to be released on bail by an order of this High Court dated 8-8-1980.
(2.) THE alleged murder look place around 8 p. m. on 20-2-1979 and report was made at Kotawali Police Station in the dis trict of Banda on 22-2-1979 at about 1 p. m. initially for an offence under Section 307, I. P. C. In the F. I. R. alleged by Pt. Shiv Kumar Tewari of village Mawai Bujurg, district Banda, it was stated that his daughter Urmila was married to the present appellant and she was assaulted on her chest by her husband with a hammer and subsequently the appellant had sprinkled kerosene oil on her person and lit fire. Urmila was badly burnt. She was taken to the hospital by Ashok and others and only when she regained senses, she told about the incident to her father. A dying declaration was also made by Urmila on 22-2-1979 at 5. 30 p. m. which was recorded by a Magistrate in presence of the doctor. The prosecution had examined 10 witnesses at the trial. P. W. 1 was Shiv Kumar, the father of the victim and the maker of the F. I. R. P. W. 2 was Ashok Kumar who helped the girl in taking her to the hospital. P. W. 3 was Sub-inspector, Milan Ram who conducted the investiga tion in part. P. W. 4, Dr. PC. Chandal had initially examined the burnt injuries of Urmila P. W. 5, Dr. Gopal Ji Gupta was another doctor in whose presence the dying declaration of Urmila was recorded. P. W. 6 was Sub-inspector Abdul Hashim who had conducted the inquest on the dead-body of Urmila and had sent the dead-body for post-mortem examination. P. W. 7, Dr. R. K. Mehrotra, had held the post-mortem examination on the dead body of Urmila. P. W. 8, Shiv Kumar Trivedi, was the Tehsildar at Sadar in the district of Banda and was an Executive Magistrate. He had recorded the dying declaration of Urmila on 20-2-1979. P. W. 9, Brij Nath Sahu was a constable at Kotwali Police Station who had taken the dead-body for post-mortem examination. P. W. 10 was the writer constable at Kotwali Police Station who had recorded the F. I. R. and he spoke of conversion of the case to one under Section 302, I. P. C. after (he death of Urmila.
(3.) THE accused was examined under Section 313, Cr. PC. and he gave out his age as 20 years on 17-7- 1980 which was estimated to be correct by the trial Judge. He took up a defence that Urmila had set fire to herself as she was forced to live with the grand-mother of her husband against her (Urmila's) wishes. He also stated that on the date of occ-irrence he was at Rae Bareilly. The trial Judge had discussed the evidence on record and had considered the defence as well. No defence witness was examined in proof of alibi taken by the appellant. The trial Judge had given reasons why the plea of alibi was not ac cepted and why the dying declaration could be acted upon and he found the appellant guilty of offence under Section 302, I. P. C. In consideration of his young age and in consideration of the submission that the deceased was a girl of annoying nature, a sentence of life imprisonment was thought to be an adequate punish ment.;