SANGAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present appeal is filed against the judgment and order dated 31 -7 -1997 passed by Ist Additional Sessions Judge, Allahabad, in ST No. 633 of 1996 convicting the appellants under Section 302/34 I.P.C. and sentenced them to undergo rigorous imprisonment for life.

(2.) THE prosecution case, as contained in the First Information Report lodged by Ram Kripal, is that Smt. Vijay Lakshmi, his daughter, was married with Gurudin. On 2 -2 -1996 the appellants sprinkled kerosene oil and set Smt. Vijay Lakshmi ablaze. She received burn injuries all over the body. Gurudin had informed about the incident to her father and he visited the village and inquired from his daughter Smt. Vijay Lakshmi who disclosed that Sangam Lal, uncle of her husband and his wife sprinkled kerosene oil on her and set her on fire. It is further alleged that there was enmity with the accused regarding the land. He got his daughter admitted firstly at P.H.C. Jasra, Allahabad and from there she was referred to S.R.N. Hospital, Allahabad. She was admitted there and her statement was recorded by the Magistrate on 4 -2 -1996 and on 5 -2 -1996 she succumbed to her injuries. After the registration of the case Bhrigu Nath Singh Yadav, SI, started investigation of the case. He recorded the statement of Santosh Kumar, son of the informant. He also recorded the statements of Ram Kripal, Ram Khelawan and Dev Kali on 16 -4 -1996. He prepared the site -plan which is Ext. Ka -3. The post -mortem on the dead -body of the deceased was conducted by Dr. S.C. Srivastava, P.W. 6 and he had noted following ante -mortem injuries: (1) Superficial to deep burn all over the body except face, both hands and both feet.

(3.) AFTER the investigation charge -sheet was submitted and the case was committed to the Court of Sessions.