RAM BABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Ram Babu, has preferred this appeal from jail. He has been convicted by Ist Addl. Sessions Judge, Jhansi by his judgment and order dated 17-2-1999 passed in Sessions Trial No. 311 of 1995 under Section 302, IPC and has been sentenced to imprisonment for life.

(2.) Sri Rakesh Chandra Upadhya, learned Amicus Curiae, for the appellant and learned A.G.A. for the State have been heard.

(3.) According to the prosecution case, on 28-6-1995 at about 5.30 P.M. the appellant, who was living with his deceased wife, Smt. Laxmi, in the house of Abad, Advocate in Itwari Ganj outpost Unnao Gate of police station Kotwali, demanded Rs. 100.00 from the deceased wife for liquor. When the deceased refused the appellant poured kerosene oil over body of the deceased and set her on fire with the help of matchstick. P.W. 5, Laloo, their son, who was minor at the time of incident, informed about the incident to his elder maternal uncle, Ashok, P.W. 1, whose house was at a short distance from the house of the appellant. Ashok sent his brother, Mukesh, D.W. 1, alongwith Laloo to the house of the appellant and he also proceeded towards the house. On the way he found that his brother and Laloo were carrying his sister by a two seater towards hospital. Ashok also went to the hospital where the deceased was admitted and thereafter Ashok lodged first information report on 28-6-1995 at 10.30 P.M. Dr. T. P. Paliwal, P.W. 4, examined the injuries of the deceased, Laxmi on 28-6-1995 at 6.30 P.M. He found superficial to deep burn all over the body except some part of scalp, hair and ante post surface of left posterior and anterior surface of right posterior. Smelling of kerosene oil was found over the body. In the injury report, Ex. Ka 5, the doctor has noted 90% burn by dry heat fresh (within six hours). Smt. Laxmi gave dying declaration on 28-6-1995 at 8.50 P. M. before Sri Purshottam Saran Sharma, Tahsildar, P.W. 7.