BALI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) We have heard Sri Yogesh Kumar Srivastava for the appellant; Sri J.K. Upadhyay, learned AGA, for the State; and have perused the record.

(2.) This appeal is against the judgment and order dtd. 22/2/2008 passed by the Additional District and Sessions Judge, Court No.9, Ghaziabad in S.T. No.787 of 1999, arising out of case crime no.52 of 1999, P.S. Muradnagar, district Ghaziabad, whereby the appellant Bali Singh has been convicted and sentenced under Sec. 304 IPC to imprisonment for life and fine of Rs.3,000.00 coupled with a default sentence of one year. INTRODUCTORY FACTS

(3.) A written report (Ex. Ka-3), signed by brother of the deceased, namely, Sunder (PW-5), was submitted at P.S. Muradnagar, district Ghaziabad on 17/2/1999 at 19.30 hrs, giving rise to case crime no. 52 of 1999, under Sec. 308 IPC of which G D Entry No.42 (Ex. Ka-5) and Chik FIR (Ex. Ka-4) was prepared by PW-6. In the written report it was alleged that informant's sister Santosh was married to the appellant Bali Singh about 12 years ago; Bali Singh was addicted to liquor as a result whereof, her sister used to remain worried and for the last three years was staying with the informant; that 6-7 months before the incident, on insistence of mediators, informant's sister (the deceased) returned to her matrimonial home; that on 12/2/1999, at about 11.30 pm, the appellant in an inebriated state poured kerosene over informant's sister and set her ablaze; when she raised an alarm, her Devar Chatar Singh (PW-3) and Devrani Smt. Rajesh (PW-4) broke open the window of her room, saved her and got her admitted at M.M.G. Hospital, Ghaziabad, where she is under treatment.