KASIM ALIAS BHURA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal preferred by appellant Kasim alias Bhura against his conviction and sentence to imprisonment for life, under section 304 (I) I.P.C by the judgment and order dated 13.9.2010, passed by the Additional Sessions Judge, (Court no.5), Bijnor together with a fine of Rs. 1 lakh. Out of the fine, Rs. 50,000/ was to be paid jointly to the mother and father of the deceased Km. Shabnam. By the same judgment, the co-accused Naseer and Mateen were acquitted of the charge under section 304 read with section 34 I.P.C.

(2.) The deceased Km. Shabnam aged 20 years is said to have been burnt at the "Baithak" of Afzal at about 3.00 A.M in the night of 25/26.3.2010 by the appellant after pouring kerosene oil on her and setting her on fire. Thereafter, she was admitted in District Hospital, Bijnor on 26.3.2010 at 7.00 P.M by her brother Anees. On medical examination PW 5, Dr. R.S. Ravidas found that she had superficial to deep burn injuries on both upper limbs, abdomen, both lower limbs, whole back of chest and abdomen. The skin had peeled off at places. Her general condition was very poor. She was pulseless and had 80% burns.

(3.) On 27.3.2010 between 9.15 a.m. and 9.40 a.m. Km. Shabnam's dying declaration (Ext. Ka-4) was recorded by PW 6 Sri M.L. Rathore, Naib Tehsildar, Bijnor after PW-8 Dr. Virendra Pal Singh certified that she was and remained in a mentally fit condition to give the dying declaration.