DEEPAK Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Criminal Appeal has been directed against the judgment and order dtd. 2/3/2013 passed by the Special Judge (SC/ST Act) / Additional Sessions Judge, Ghaziabad in Sessions Trial No. 402 of 2008 (Case Crime No. 230 of 2007), P.S. Babugarh, District Ghaziabad convicting and sentencing the appellants under Sec. 302 I.P.C. read with Sec. 34 I.P.C. for life imprisonment and a fine of Rs.10,000.00 each with stipulation of default clause, under Sec. 354 IPC for one year rigorous imprisonment, under Sec. 452 IPC for two years rigorous imprisonment and under Sec. 3 (2)(v) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') for life imprisonment each and a fine of Rs.5,000.00 with stipulation of default clause.

(2.) Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Sukhpal son of Ram Chandra, resident of village Garhi Hoshiyarpur, Police Station Babugarh, Ghaziabad, at Police Station Babugarh, District Ghaziabad with the averments that on 16/7/2007 at 11.30 a.m. when her niece Km. Laxmi, daughter of Kripal (Julaha), was present in the house, Pintu and Deepak sons of Satpal @ Sattu entered in the house and asked her as to why outstanding rent of Rs.100.00 for the video C.D. was not paid by her. Pintu inquired that many days ago he had given a letter to her and why she had not given answer? To this, niece of the informant objected and started scolding them. This angered the accused. Deepak brought the canister containing kerosene oil, opened the lid and poured upon the niece of informant at once and Pintu set her ablaze. On her shrieks, informant and other persons reached there and they both ran away. She was severely burnt and sent to Hapur for treatment.

(3.) On 19/7/2007, dying declaration of the victim (Ext. ka-9) was recorded by the Tehsildar. He also took her signature over the same. Victim was conscious at the time of statement.