HARIKIRTAN @ SUPERFAST Vs. STATE OF U P

JUDGEMENT

(1.) This criminal capital appeal has been preferred on behalf of appellant against the judgment and order dated 7.8.2012, passed by Session Judge, Siddharthnagar in Session Trial No.255 of 2010, whereby the appellant Harikirtan @ Superfast has been convicted under section 302 I.P.C. and sentenced with death and to pay fine of Rs.25,00/- and he is further convicted and sentenced under section 506 I.P.C. with one year rigorous imprisonment and fine of Rs.1000/- and in default to undergo rigorous imprisonment for a period of three months.

(2.) The graveness of charges against the appellant Harikirtan @ Superfast was that on 10.9.2010 in midnight between 11-12 P.M. in Village Netahawa within circle of P.S. Kotwali Bassi, District Siddharthnagar he committed murder of his wife Smt. Taramati by pouring kerosene oil and set her to fire by which she received 100% burn injuries and died. He also gave threat to kill to the complainant Smt. Kausi etc.

(3.) The prosecution story as unfolded by witness PW-5 Smt. Kausi, mother of deceased Smt. Taramati, in her written report (Exhibit Ka-3) is that she is resident of Village Netahawa, P.S. Kotwali Bassi, District Siddharthnagar. Her daughter Smt. Taramati was married with Harikirtan @ Superfast Kevat, S/o Azorai, R/o Gohanatal (West), P.S. Golhara about 8-9 years ago, who had no son therefore her daughter lived along with her husband in a hut near her (Complainant) hut /house. Her son-in-law Harikirtan @ Superfast had a habit of committing crimes and came out from jail before two or three days earlier. On the previous night at about 11-12 P.M. on hearing the screaming voice of her daughter and daughter's daughter Km. Kalpana she and her another daughter Smt. Subhawati came out from their houses and in apprehension that some untoward event may have happened reached near the hut of her daughter Smt. Taramati and saw that Harikirtan @ Superfast has tied both legs of her daughter Taramati and after pouring kerosene oil had set fire to Taramati who was burnt completely. The tongue of her daughter was protrudant from the mouth from which it appeared that before setting fire her neck was pressed inside the hut. Both tried to save her daughter Taramati but could not save her and she died on the spot due to extensive burn injuries. Harikirtan @ Superfast had given a threat to kill her and her other daughter so that they could not catch him and they kept silent. Some co-villagers also came there on hearing the noise who saw Harikirtan @ Superfast in a running condition after causing the incident. Harikirtan @ Superfast was demanding money from her daughter Smt. Taramati for spending money on his bail and this was the reason for the dispute between both of them. The corpse of her daughter was lying outside the hut / house. She came to the P.S. to inform and to pray for necessary action.