SHIVNATH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Swayamanand Sisodiya, learned Amicus Curiae for the accused-appellant and Sri A.N. Mulla, learned AGA for the State/ Opposite party.

(2.) This Criminal Appeal has been filed praying to set aside the Judgement and Order dtd. 16/11/2016 in Sessions Trial No. 454 of 2008 (State of Uttar Pradesh vs. Shivnath) relating to Case Crime No. 61 of 2008, under Ss. 498-A, 302 IPC, Police Station Chakiya, District Chandauli, passed by the Additional Sessions Judge/Fast Track Court No. 1, Chandauli, whereby, the learned Trial Court has convicted the accused-appellant under Sec. 302 IPC and sentenced him with life imprisonment and a fine of Rs.10,000.00 and in the event of non-deposit of fine, to undergo further imprisonment of one year.

(3.) Briefly stated, facts of the present case are that, the accused-appellant Shivnath was a rickshaw puller. The deceased 'Patali' was his wife and sister of the first informant/P.W.-1, Munna son of Rupa. The first informant/PW-1 lodged an FIR being Case Crime No. 61 of 2008, under Ss. 498-A, 302 IPC, Police Station Chakiya, District Chandauli on 19/3/2008 at about 15.30 hrs. (3.30 P.M.) alleging that on 19/3/2008, at about 1.00 P.M., his brother-in- law i.e. the accused-appellant Shivnath had committed murder of his sister 'Patali' and when he received this information from his nephew Ghanshyam on telephone then he went to the accused's house and found that his sister 'Patali' was lying dead in a burnt condition outside the hut of the accused-appellant. Accordingly, he lodged the First Information Report in the aforesaid Police Station. The accused-appellant was arrested on the next day i.e. 20/3/2008 who had (1) Superficial burn 4.5 cm x 2 cm on dorsal surface of right thumb and (2) Superficial burn 3.5 cm x 2 cm middle phalanx of right index finger. Blisters found. These burn injuries were found on examination by the Medical Officer of CHC Chakiya, District Chandauli who opined the aforesaid injuries to be superficial injuries about 1% simple in nature. Duration about one day.