BAL KISHAN Vs. STATE

JUDGEMENT

(1.) THE instant appeal is directed against the impugned judgment dated 23rd November 1996 in Sessions Case No. 226/1993 arising out of FIR No. 177/1993, Police Station Nabi Karim convicting the appellant Bal Kishan for the offence under Section 302 IPC as also the order on sentence dated 27th November 1996 in terms of which the appellant has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 2000/ - and in default of payment of fine to undergo rigorous imprisonment for further period of two months.

(2.) BRIEFLY stated, case of the prosecution is that Ms. Sunita (hereinafter referred to as the 'deceased') was married to one Pinki Sharma s/o Ms. Gomti Devi on 14th May 1992. The appellant Bal Kishan is the brother -in -law of the deceased. It is stated that the married life of the deceased remained normal for a short span of two months. Thereafter, when the deceased visited her parents, she complained to her mother that her husband used to beat her and he had raised a demand for a motorcycle and a Godrej almirah. She also complained that her mother -in -law and the appellant Bal Kishan also used to threaten her with her life.

(3.) THE intimation regarding admission of the deceased in JPN Hospital was conveyed to the Police Station Nabi Karim by the Duty Constable and DD No. 15A (Ex.PW -12/A) was recorded. Copy of the DD entry was entrusted to ASI Shyam Singh for inquiry, who along with Constable Yogesh Kumar went to the hospital and collected the MLC of the deceased. As per the MLC, the deceased had suffered 80 -90 per cent burns.