DEV SARAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 3/9/2015 passed by Additional Sessions Judge, Court No.24, Shahjahanpur in Sessions Trial No. 13 of 2013 convicting accused-appellants under Ss. 302/149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.5,000.00 and in case of default of payment of fine, further to undergo six months imprisonment.

(2.) Factual scenario as culled out from the record and the judgment of the Court below is that Neelu/ deceased was married to the son of Dev Saran and there was family dispute going on and on the date of incident, the deceased had gone to police station to report a complaint as soon as she returned back, the father-in-law, mother-in-law, sister- in-law and brother-in-law caught hold her and she was set ablez by Gautam (brother-in-law). The deceased was married about 10 years before the incident and according to the F.I.R. husband of the deceased was not present at the home. There was also quarrel between the family regarding partition and Gautam and Subhash used to physically beat her. Dev Saran, father-in-law took her to the hospital, where she was treated from 19/5/2012 and she breath her last on 28/5/2012. After ten days of the incident, a dying declaration was recorded on 20/5/2012 and after one month i.e. on 20/6/2012 a First Information Report was lodged.

(3.) Investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet against accused-appellants. 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.