STATE OF UTTAR PRADESH Vs. AMEER ALI

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from an order of acquittal passed by the division bench of the High court of Judicature at Allahabad in Criminal Appeal No. 781 of 1984 on 30/8/1990. The case of the prosecution is that the deceased is the wife of the respondent. On 20/10/1983, between 7. 00 and 8. 00 p. m. after the accused had come home, he found the deceased preparing food with dal. He brought fish and asked her to make curry. When she was preparing spices to prepare curry, he asked her for whom had she already prepared the food with dal to which she had stated that she had prepared the food for him and that she did not know that he would bring fish for preparing curry. He suspected her fidelity and called the deceased inside the room, beat her and poured kerosene on her and lit Fire. He came out and shut the door. When she was crying for help, the neighbours had come to rescue her and taken her to the hospital. In the hospital when the Executive Magistrate was summoned to record her statement she gave statement at about 9.30 a. m. on 21/10/1983 thus: