RAMESH CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23-5-1997 passed by Sri Lekha Singh, the then Addl. Sessions Judge, Mahoba whereby he having convicted the appellant under Ss. 498-A, I.P.C. and 302, I.P.C. has sentenced him to undergo one year's rigorous imprisonment under S. 498-A, I.P.C. and Life imprisonment under S. 302, I.P.C.

(2.) The prosecution case, succinctly put, is that Smt. Kamlesh alias Munni, the victim, is the wife of the appellant. She had four issues, two male and two female, at the time of her death. The appellant was an addict of wine and gambling. The uncle of the father of the appellant-Ayodhya Prasad was issueless and he had given his properties to Smt. Kamlesh. The appellant used to pressurise his wife Smt. Kamlesh to sell the landed property in her name and bring cash from her father and brother to meet out his requirement and he also often used to torture and beat her. It was Holi on 16-3-1995. It is said that the appellant had beaten Smt. Kamlesh on that day whereupon the elder son of Smt. Kamlesh P.W. 1 Dinesh Kumar had gone to village Dhanaur to fetch his maternal grand father. It is further alleged that on the evening of that very day when the victim Smt. Kamlesh was cooking meal, a quarrel again took place between the deceased and the appellant whereupon the appellant poured kerosene oil upon the victim and taking out a burning piece of wood from the stove, set her on fire which was extinguished by Dulli Chand and Lakhan Lal, respectively, father and elder brother of the appellant, who arrived on the scene on hearing the alarm. It is said that on arrival of his father and elder brother, the appellant ran away from his house. Lakhan Lal elder brother of the appellant took Smt. Kamlesh to medical college Jhansi and admitted her there for her treatment, where she died on 21-3-1995. On 22-3-1995 P.W. 3 Brij Gopal father of the victim came to learn about the death of his daughter. He on 25-3-1995 gave a written report to the Superintendent of Police, Mahoba on the basis of which a case at Crime No. 29 was registered at Police Station, Panwari and in vestigation followed resulting into submission of charge-sheet under Ss. 498-A and 302, IPC against the appellant, which culminated into his trial.

(3.) The appellant pleaded his innocence and attributed his false implication to enmity. His case was that he had got properties of Ayodhya Prasad transferred in the name of his wife. His brother was demanding half share in that property and he had also illicit relations with his wife, who too wanted to give half of the property which she had received from Ayodhya Prasad to him. He further stated that he had caught his elder brother in compromising position with his wife two days before the occurrence, as a consequence of which his wife committed suicide and he has been falsely involved in this case.