SIKANDER Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 31/1/2013, passed by the learned Additional Sessions Judge, Court No.6, Jaunpur, in Session Trail No.362 of 2010 State of UP vs. Sikander and another arising out of Case Crime No.328 of 2010 under Sec. 302/34 IPC, Police Station-Machhlishahar, District-Jaunpur, whereby the appellants are convicted and sentenced for the offence under Sec. 302 IPC for life imprisonment with a fine of Rs.10,000.00 and in default of payment of fine, further imprisonment for one year.

(2.) The brief facts of the case are that first information report of this case was lodged by complainant with the averments that the marriage of his daughter was solemnized with accused Sikander S/o Ram Khelawan. Till the two years of marriage, the relation between the husband and wife were cordial but in the meantime Sikander developed illicit relations with his elder sister-in-law (Badi Bhabhi). This was intimated by his daughter Seema to her parents. On this score the relations between her daughter and son-in-law became strained and Sikander started beating his daughter and pressurized her to bring Rs.50,000.00 from her house. Once his daughter caught her husband and sister-in-law (Jethani) red handed in compromising position. Husband had beaten her badly. On 9/4/2010 his son-in-law came to his house at evening and told that his daughter had caught fire. He reached to the spot and found his daughter was lying unconscious in burning condition. She had 95 percent burn. She made dying-declaration also and died on 13/4/2010 during the course of treatment.

(3.) A first information report was registered on the basis of above written report. During course of investigation, I.O. recorded statement of witnesses, prepared site-plan. Dying- declaration of injured Seema was recorded by Nayab Tehshildar, Jaunpur. After the death of the deceased, inquest report was prepared and post mortem was conducted. Post mortem report is also placed on record. After making thorough investigation, charge sheet was submitted against the accused Sikander, husband of the deceased and Ram Khelawan, father- in-law of the deceased. Learned trial court framed charges against both the accused persons under Ss. 498A and 304B IPC and under Sec. 4 Dowry Prohibition Act. Accused- appellants denied the charges and claimed to be tried. In alternative charge under Sec. 302 read with Sec. 34 IPC was also framed.