PRAKASH CHANDRA MELKANI Vs. STATE OF U.P.

JUDGEMENT

(1.) APPELLANT -Prakash Chandra Melkani, hus­band of Ganga Devi (deceased) has chal­lenged the judgment and order dated 20.1.1999 passed by the learned District & Sessions Judge, Nainital in Sessions Trial No. 64 of 1995 whereby he has been con­victed for the offence punishable under section 302 of the Indian Penal Code, 1860 (in short I.P.C.) and has been sentenced to life imprisonment and fine of Rs. 5,000/-. In default of payment of fine he has further been ordered to undergo one year rigorous imprisonment.

(2.) THE brief facts of the case as culled out from the record are that on 19.10.1994 Devki Nandan, brother of Ganga Devi (de­ceased) submitted an application (Ex. Ka-3) before the Senior Superintendent of Police, Nainital stating that his sister was married with accused Prakash Chandra Melkani about seven years ago. After the marriage accused-Prakash Chandra had been giving beatings to his wife. On 13.10.1994 at about 5:00 p.m. accused-Prakash Chandra set on fire Ganga Devi and their 11 months old dauther-Lalita after pouring kerosene oil on them. Lalita succumbed to her injury instantaneously and was cremated by ac­cused alongwith his associates. Ganga Devi was admitted in Base Hospital on 14.10.1994 in a serious burnt condition. It is further stated that her statement was got recorded under the pressure of accused. According to complainant-Devki Nandan, he came to know about the incident from some person of his village and thereafter he submitted the application before the authorities. On the basis of application (Ex. Ka-3), Chick F.I.R. (Ex. Ka-12) was re­corded on 19.10.1994 at about 18.05 hours.

(3.) GANGA Devi (deceased) was under treatment in Base Hospital, Haldwani, where Dr. J.S. Tolia (PW-1) medico legally examined her. As per medical report (Ex. Ka-1), the doctor found the following inju­ries:-