SUKH RAM Vs. STATE OF UP

JUDGEMENT

(1.) Appellant Sukh Ram has preferred instant Jail appeal challenging his conviction under Section 302 I.P.C. with imposed sentence of life imprisonment with fine of Rs.5000/- recorded by Additional Sessions Judge, Court No. 2,Hamirpur, vide his impugned judgement and order dated 29.8.2003 passed in S.T. No.110 of 2000, State Vs. Sukh Ram, relating to Crime No.175 of 2000,Under section 302 I.P.C., police station Kotwali District Hamirpur.

(2.) Shorn of unnecessarily details and stated briefly, prosecution case is that informant Dulichand P.W.1 and his wife Smt. Sarju Devi P.W.2, both resident of Khalepur locality, Police Station Kotwali, District Hamirpur had four issues including Santosh and Munni Devi, deceased, their third child. She was married to appellant Sukh Ram and had two daughters Sudha and Monu from him. Since the appellant Sukh Ram had developed living relationship with one Guddi, daughter of Kandhi and had two issues from that extra-marital relationship, therefore three or four years prior to the foul incident of her murder, deceased Munni Devi had renounced appellant's house in District Banda and was living with the informant in his house at Hamirpur, in an adjacent room from that of the informant. A month earlier to her murder, appellant Sukh Ram united with her at his in-laws house. Appellant was also demanding Rs.50,000/- from the deceased and was desirous to separate from her as well. In the night of 5.6.2000 at 2 a.m. appellant set ablaze Munni Devi, after pouring kerosene oil upon her inside their room and thereafter, bolted the door from outside and rushed to the Police Station Kotwali. Shrieks of Munni Devi attracted her parents Sukh Ram and Sarju Devi(PW1 and PW2), who unbolted the door, doused the fire and rushed her to the hospital with the help of neighbours. Doctor P.N. Pariya P.W.6, hospitalised her at 2.15 a.m. and also informed Inspector Kotwali, Hamirpur vide paper number 9-Ka, Ext. Ka-5. Same day informant came to the District court, Hamirpur where he dictated and got typed his written report, Ext. Ka-1, through Balak Ram Pandey, typist and then lodged it at Police Station Kotwali, Hamirpur at 3.10 p.m.

(3.) Head Constable Ram Avtar, P.W.7 registered the offences under sections 498A/ 307 I.P.C., prepared the Chik F.I.R. Ext. Ka-7 and relevant GD entry Ext. Ka-8. Investigation of the crime was commenced by S.I. Jiledar Singh P.W.9,who firstly interrogated Head Constable and the informant and then, reaching at the spot, conducted spot inspection and prepared the site plan Ext. Ka-10.Appellant was arrested same day vide arrest memo Ext. Ka 11, and was lodged in the lock up at 7.45 p.m. Other witnesses, including the mother of the deceased, were interrogated by the I.O. on the following day. Munni Devi lost the battle of her life on 10.6.2000 at 3.15 a.m and therefore doctor S.K. Gupta, at 6.45 a.m. same day informed the police vide Ext. Ka 6, and consequently offences were altered to 498A/304B I.P.C. Subsequently, vide GD no.31, offence was further altered U/S 302 IPC under the orders of the Circle Officer of police. During investigation I.O. had also interrogated Naib Tehsildar, Shiv Charan Singh P.W.4, who had recorded deceased dying declaration, Ext. Ka-3, on 5.6.2000 from 5.10 a.m. to 5.25 a.m. and had made it a part of the case diary which he has proved as Ext. Ka-13. Concluding investigation I.O. charge sheeted appellant on 17.7.2000 vide Ext. Ka-12.