PAWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 9/3/2017 passed by Additional Sessions Judge/Fast Track Court No. 2, Firozabad in Sessions Trial No. 616 of 2014 convicting accused-appellant under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.10,000.00 and in default of payment of fine, further to undergo imprisonment for six months.

(2.) Factual scenario as culled out from the record and the judgment of the Court below is that the accused-appellant is alleged to have set ablaze the deceased on 9/5/2014 when the accused went to the house of the deceased and demanded sum of Rs.10,000.00 and when the deceased refused to give the said amount and requested him to come when her husband was in the house, the accused started abusing her and in his anger, poured kerosene on her and set her ablaze.

(3.) On the complaint of the husband of the deceased, First Information Report being No. 387 of 2014 was registered under Sec. 307 of I.P.C. and thereafter, the investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet against accused under Ss. 302 and 307 of I.P.C. The learned Chief Judicial Magistrate before whom charge sheet was laid put the same before the learned Sessions Judge. The learned Sessions Judge, on hearing the learned Government Advocate and learned counsel for the accused, framed charges under Sec. 302 and 307 of I.P.C.