MITHLESH Vs. STATE OF U. P.

JUDGEMENT

(1.) The Court of Additional Sessions Judge, Court No.3, Saharanpur recorded conviction of the present appellant Mithlesh under Sec. 302 I.P.C. in Sessions Trial No. 520 of 2015 (State Vs. Mithlesh) arising out of Case Crime No. 38/2015, P.S.- Titro, District- Saharanpur and sentenced her for life imprisonment and fine to a tune of Rs.20,000.00 and to undergo 6 months additional simple imprisonment in case of default of payment of fine, hence this appeal.

(2.) The prosecution case as culled out from the FIR is that the informant and the accused had some land dispute. On 9/4/2015 Devendra, son of informant cut down some trees from that land and a complaint was made by the accused in the police station. When the Devendra aforesaid was going to the police station, accused Smt. Mithlesh who was standing outside the police station, with intention to kill, set ablaze Devendra by pouring petrol over him. The occurrence was witnessed by the informant, his son Ravindra and Ranpal son of Mehar Chand. Injured was taken for treatment and written report Ex.Ka-1 was given to the police station on the basis of which chick FIR Ex.Ka-2 under Sec. 307 I.P.C. was lodged and entry was made in the relevant G.D. Ex.Ka-3. The injured was referred to District Hospital, Saharanpur and subsequently to the higher centre. He was admitted in Safdarjang Hospital, Delhi on 10/4/2015 where during treatment he succumbed to the injuries on 14/4/2015. At District Hospital Saharanpur injured Devendra was medically examined by Dr. Pravin Kumar, who found superficial deep burn over the body except both elbow, waist and scalp. It was found by the doctor that the injuries might have been caused by setting ablaze with aid of petrol or kerosene oil and Medico Legal Report Ex.Ka-11 was prepared. When the injured was brought to Safdarjang Hospital, Delhi, he was medically examined by Dr. Akshat Vahan, who found 85% burn injuries over his body and he was admitted into I.C.U and Medico Legal Report Ex.Ka-5 was prepared.

(3.) After the death of the deceased the case was converted into Sec. 302 I.P.C. and his autopsy was performed by Dr. Mukesh Kumar Bansal who found as herein under: