SUDHIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Since these appeals have been preferred against the same judgment and relate to same Crime Number, they were heard together and are being decided by a common judgment.

(2.) The Additional Sessions Judge, Court No.1, Ghaziabad by the judgment and order dtd. 31/8/2012 passed in Sessions Trial No. 826 of 2011 (Crime No. 29 of 2011), P.S. Bahadurgarh, District Ghaziabad convicted and sentenced the appellants under Sec. 302 I.P.C. read with Sec. 34 IPC to undergo rigorous life imprisonment with a fine of Rs.5,000.00 each with stipulation of default clause. Aggrieved with the said judgment, present appeals have been preferred by the appellants.

(3.) Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Giri Raj son of Sher Singh, resident of Palwara, Police Station Bahadurgarh, District Agra, on 22/10/2011 at 10.15 p.m., with the averments that his son Sompal was residing separately. Smt. Karishma, daughter of Sompal, was married with Sudhir son of Tejveer, resident of village Gotka, police station Sarurpur, District Meerut before two years. For the last 15-20 days, Karishma had been staying in the house of her father. The informant had sold two bigha land for Rs.4,04,000.00, out of which Rupees One Lakh came in Sompal's share and from then Sompal was wasting money by drinking alcohol. Two days ago Sompal had also called Karishma's husband Sudhir. Sompal and Sudhir both were drinking alchohal since morning over which an altercation took place between Karishma and these two. Tonight at about 9.00 p.m. when Sompal, Sudhir and Karishma were at home, hearing the alarm, informant, his son Upendra alias Pappi and his wife Smt. Bala Devi, Raju son of Bhim Singh came to the house of Sompal, they saw Karishma coming out of the room burning. Sompal and Sudhir came out behind her and ran away seeing them. Karishma told them that her father Sompal poured kerosene upon her with intention to kill her and her husband Sudhir set her ablaze. She was serious and was brought Garhmukteshwar for treatment.