DEEPAK KALRA Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the Judgment and order dated 26.9.2014 passed by court of Ist Additional Session Judge, Court No.1, Saharanpur in Sessions Trial No.81 of 2009, State Vs. Deepak Kalra arising out of Case Crime No.615 of 2008 under Sections 302 I.P.C., Police Station Sadar Bazar, District Saharanpur whereby the accused-appellant was convicted under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.5,000/- and in case of default of payment of fine, to undergo further rigorous imprisonment for two years.

(2.) The factual data which is culled out from the record is that the accused on 20.9.2008, deceased Pooja was married to Deepak Kumar namely accused-appellant. Deepak had lost lot of money in the business, and, therefore had taken to liquor and used to demand money from his in-law. The accused tired to set his wife ablaze on the date of incident. The deceased had come back to the matrimonial home with her father-in-law who had assured his parents that she would be kept well, but she was set ablaze within two days of returnings by the accused is her dying declaration. They had altercation and quarrel on the said date also is what is stated in her dying declarations, she conveyed in her dying declaration that her mother-in-law, brother-in-law and father-in-law were not responsible for the incident. The brother-in-law had brought her to the hospital. The investigation was conducted and the accused was charge sheeted.

(3.) The accused was committed to the Court of sessions as it was sessions triable case. Accused being brought before session judge, the learned sessions judge framed charges on 19.3.2009 under Section 302 of IPC.