LAWS(UTN)-2001-10-8

LEELA PATHAK Vs. STATE OF UTTARANCHAL

Decided On October 17, 2001
Leela Pathak Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) ACCUSED -appellant Smt. Leela Pathak has been convicted by the Ses­sions Judge, Pithoragarh, through judgment and order dated 17.11.2000 passed in S.T. No. 40 of 1999 U /s 302, and 201, LPC. She has been sentenced to undergo life imprison­ment u/s 302, LPC. and two years rig­orous imprisonment u/s 201, I.P.C. Both the sentences have been ordered to run concurrently.

(2.) SHE is in jail and has preferred this appeal therefrom. As she had no lawyer to represent her in this appeal, an Amicus Curiae came to be ap­pointed by this Court who has argued the appeal on her behalf.

(3.) THE post mortem was conducted by P.W.3 Dr H.C. Pathak on 26.04.1995 at 4.13 p.m. It revealed that the deceased had died due to asphyxia and shock owing to extensive burn injuries. There were 90% burns on her body. The dead body was smelling of kerosene. The death had occurred between 12 to 24 hours be= fore the time of post mortem.