KAMLESH DWIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this appeal appellant Kamlesh Dwivedi challenges the judgment and order dated 27-9-1994 and 28-9-1994 passed by the Sessions Judge, Hardoi in Sessions Trial No. 311 of 1992 whereby he has been convicted and sentenced respectively to undergo imprisonment for life for the offence punishable under Section 302, I. P. C.

(2.) hortly stated, the prosecution case runs as under : The deceased Ran] ana was the wife of appellant Kamlesh. She was married to him on 26-6-1987. After marriage Ranjana lived for sometime at the house of the appellant in village Kaimau. When she used to go to the house of her parents she used to complain to her father and brother Aishwarya Prakash (PW 1) that the appellant was demanding a gold chain and a T. V. in dowry and since the said demand was not being fulfilled, he was harassing and misbehaving with her. In June, 1989 the appellant visited the house of informant Aishwarya Prakash and requested his elder brother Raju to keep Ranjana at his house. On this Raju went to the house of the appellant and brought Ranjana with him. Ranjana, however, did not want to sever her relations with appellant and wrote to him several letters mentioning therein that he should settle the differences. However, they were not settled. On 4-3-1992 Ranjana went to the ancestral house of the appellant in village Shiroman Nagar in order to clean the same. The appellant reached there on 12-3-1992 and stayed there till 14-3-1992. He asked Ranjana to accompany him, but Ranjana flatly told him that she would only accompany him after the entire dispute was settled. On 14-3-1992 at about 4 p.m. while Ranjana and the appellant were alone in the house, the appellant tied her hands with a dhoti; sprinkled kerosene oil from lantern; and set her on fire after bolting the room from inside. He thereafter ran away. Shyam Prakash Pandey a resident of the said village on hearing the alarm of Ranjana took her out from the room; extinguished fire; brought her to the District Hospital, Hardoi; and got her admitted there. He also informed Ranjana's brother, the informant Aishwarya Prakash (PW 1) about the incident.

(3.) The evidence of Dr. S. K. Srivastava (PW 8) shows that on 14-3-1992 at 7.55 p.m. he was posted in District Hospital, Hardoi and on the said date and time he medically examined Ranjana and found on her person 100% burns of IInd to Illrd degree. In his statement in the trial Court Dr. Srivastava stated that it was possible that Ranjana was burnt on the said date, at 4 p.m.