HARISH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 28/8/2008 passed by Additional Sessions Judge, Court No.10, Aligarh in Sessions Trial No. 597 of 2006 convicting accused- appellants under Sec. 304-B of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life and under Sec. 498-A of I.P.C three-three years rigorous imprisonment with fine of Rs.5,000.00 and in default of payment of fine, further to undergo imprisonment for six months to all the appellants.

(2.) Factual scenario as culled out from the record and the judgment of the Court below is that the accused-appellant Harish Kumar is the husband of the deceased who died after seven days suffering out of septicemia. He is in jail since 2006 namely since the date incident occurred. The other co-accused namely the father-in-law-Naurangi Lal of the deceased breathed his last therefore qua him the appeal is abated, the third accused is minor and a juvenile, hence she was tried by Juvenile Board and as per the submission of the counsel for the appellant she has been acquitted, the mother-in-law- Kashtoori Devi who was in jail for two and a half year and thereafter she has been released on bail by this Court. The genesis of the incident occurred when the brother of the deceased was informed that his sister who had been sent to the matrimonial home on 5/12/2005, her body is seen to have been ablazed. Thereafter, she was shifted to the hospital with burn injuries, there was superficial to deep burn injuries and the injuries were 40% superficial to deep burn injuries, she was admitted in the hospital immediately on the date of the incident and after a period of about 7 days i.e on 13/12/2005 at about 6:50 p.m, she breathed her last. It is under these circumstances that the prosecution was moved into motion. The investigation culminated into charge- sheet being laid against all the four accused.

(3.) The offence being triable by the court of Sessions. The learned Magisterial Trial Court committed the accused to the Sessions Court. The learned Sessions Judge, summoned the accused from jail those who are not on bail and after completing all the formalities the accused-appellants were charged on 28/8/2006 and an alternative charge on 16/1/2007 for commission of offence under Ss. 323, 498A, 504 and 304-B I.P.C.