SARWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dtd. 15/11/2018/16/11/2018 passed by Additional Sessions Judge/FTC I, Deoria in Sessions Trial No. 374 of 2014 by which learned trial court convicted the appellant under Sec. 302 read with 120B IPC and punished her with imprisonment for life and a fine of Rs.10,000.00 (Rs.Ten Thousand) with a default sentence of six months rigours imprisonment. She was, however, acquitted of the charge for offences under Ss. 147, 452, 326, 149 and 376 IPC.

(2.) Prosecution story in nutshell is that on 1/4/2014 at about 12.10 AM, PW-1 Azhar Ali, the informant of the case, lodged an FIR against appellant Sarwari and four others under Ss. 307, 326, 376, 120B, 147 and 452 IPC at Police Station Salempur, District Deoria vide Case Crime No. 478 of 2014. As per FIR informant's (PW-1's) niece Ayesha Khatoon (the deceased) was residing with him for the last about one and half years after the death of her parents. Co-accused Guddan S/o Islam developed illicit relations with Ayesha Khatoon and exploited her. When Ayesha Khatoon asked co- accused Guddan to marry her, Guddan refused; upon which, Ayesha warned Guddan that if he will not perform marriage with her then she will inform the Police. In that background, it is alleged, on 27/3/2014, at about 2:00 PM (14 hours), co-accused Guddan, his father Islam; his uncles Abdul; Jabbar and Riyaz; and his mother Sarwari (appellant) entered the house of the informant (PW-1) and set the deceased ablaze after pouring kerosene oil on her. Immediately after the incident Ayesha Khatoon (the deceased) was rushed to Primary Health Centre, Salempur where Doctor referred her to the District Hospital, Deoria where she was fighting for her life.

(3.) As per prosecution, the statement of injured Ayesha Khattoon was recorded by Naib Tehsildar on 1/4/2014 (Ext.Ka-7). Injured Ayesha Khatoon succumbed to her burn injuries on 3/4/2014 at about 3.30 AM. On the information of her death sent by the Hospital, inquest proceeding was conducted on 3/4/2014. Thereafter, on 3/4/2014 her post mortem was conducted. As per post mortem report (Ext.Ka.8), Ayesha Khattoon died due to septicaemic shock as a result of ante mortem burn injuries.