RAKESH SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been preferred by appellant- Rakesh Srivastava against the judgment and order dated 4.11.1997 passed by VIth Additional District Judge, Lucknow in Sessions Trial No.417 of 1995 (State v. Rakesh Srivastava) convicting him under Sections 498-A, 304-B and 302 I.P.C. and sentencing him to undergo three years' rigorous imprisonment under Section 498-A IPC and imprisonment for life under each Sections 304-B and 302 I.P.C. respectively.

(2.) The facts giving rise to the appeal, in brief, are that complainant Niranjan Kumar Sinha lodged a written report at Police Station Gomti Nagar, Lucknow, alleging that his daughter Smt. Poornima Srivastava was married to appellant-Rakesh Srivastava on 13.12.1984 ; that Rakesh Srivastava- appellant was employed as Peon in the Jal Nigam Headquarter ; that immediately after marriage, the appellant started harassing the deceased ; that he used to beat her and often demanded money; he was reprimanded couples of times but he did not pay any heed ; that on 4.10.1990 his daughter came to his house and she demanded Rs.5000/- from his wife on persuasion of appellant, but due to paucity of funds, she could not fulfill the demand of the appellant ; that his daughter apprised the appellant regarding the poor financial condition of the complainant ; that agitated by non-fulfillment of his desire, he satisfied his anger by badly beating her ; that on 5.10.1990 again the appellant beat her and thereafter sprinkled kerosene oil on her and infant daughter Sweta alias Neha and son Subham and torched fire ; that elder son Nippoo, however, somehow escaped and raised alarm and informed the neighbours regarding the incident ; that the appellant meanwhile carried his infant son Nitin alias Subham aged about two and half years in half burnt position and admitted him in Balrampur Hospital and left the other two in the state of burning; that Subham succumbed to burn injuries at 5.45 p.m. in Balrampur Hospital ; that the appellant on previous occasion, also caused injuries by giving her electric shocks ; that the complainant prayed for immediate action by submitting written report Ext.Ka.1 to the Station Officer on 7.10.1990 at 9.45 hrs. and on his written report a chick F.I.R. Ext.Ka.2 was registered on 7.10.1990 and the G.D. was prepared on the basis of Chick F.I.R. which is Ext. Ka.3; that the postmortem of the deceased Smt.Poornima was conducted in Balrampur Hospital on 6.10.1990, postmortem of Km. Sweta and Shubham was conducted the same day in Balrampur Hospital i.e. on 6.10.1990 ; that during investigation the Investigating Officer prepared the site plan of the place of occurrence Ext.Ka.7 ; that before registration of the F.I.R. of the complainant, one report was also lodged by one Sri A.P. Singh resident of House No.2/292, Vishal Khand, Gomti Nagar, Lucknow on 5.10.1990 at about 14.15 hrs. in which he stated that on 5.10.1990 at about 1.30 p.m. one woman and a child had been burnt and he could gather the information when a small boy came running to him ; that Sri A.P.Singh and other neighbours found that one lady and one child burnt to death ; that Sri A.P. Singh had also mentioned in his written report that father of burnt children also came there after sometime and he informed that there was another child who had been burnt but he tried to rescue him by admitting him in hospital.

(3.) The information given by Sri A.P. Singh had been recorded in the G.D. , which is Ext.Ka.9 ; that the Investigating Officer prepared inquest report at the spot, of the deceased Poornima and sealed her body, inquest report is Ext.Ka.11. The Investigating Officer also prepared Police Form No.13, which is Ext.Ka.12 as well as Khaka lash Ext.Ka 13 and sealed the dead body of Smt.Poornima the memo of which is Ext.Ka.14 and requested the Superintendent, King Georges Medical College, Lucknow to conduct the autopsy, vide memo Ext.Ka.15 ; Investigating Officer also prepared the inquest report of Km. Sweta, Ext.Ka 16 and also prepared Challani report, Ext. Ka.17. Memo regarding dead body is Ext.Ka.18 and specimen seal is Ext.Ka.19. Investigating Officer also wrote letter to the Medical Superintendent, King George Medical College, Lucknow for conducting autopsy Ext.Ka.29 and same procedure was also adopted for child Subham. This inquest report is Ext.Ka.23. Investigating Officer prepared Challan lash Ext.Ka.22 and the report to the hospital authorities for postmortem is Ext.Ka.25. Khaka lash of Subham is Ext.Ka.24. Report of death regarding Subham had been given by the Medical Officer, Balrampur Hospital, which is Ext.Ka.26 ; Investigating Officer took the statements of the witnesses and after completing investigation submitted chargesheet against the appellant, which is Ext.Ka. 8.