MAOR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) These appeals are directed against the judgment and order of conviction and sentence dtd. 8/3/2022, passed by the Additional Sessions Judge/Special Judge (E.C. Act), Mainpuri, in Session Trial No. 296 of 2016 (State Vs. Rani and another), arising out of Case Crime No.46 of 2016, Police Station Elaau, District Mainpuri, whereby the accused appellants Rani and Maor Singh alias Mohar Singh have been convicted and sentenced to life imprisonment alongwith fine of Rs.30,000.00, each, under Sec. 302/34 IPC and on failure to deposit fine to undergo additional rigorous imprisonment for one year; three years imprisonment alongwith fine of Rs.5,000.00, each, under Sec. 452 IPC and on failure to deposit fine to undergo additional imprisonment for two months; and under Sec. 504 IPC to undergo one year imprisonment alongwith fine of Rs.2000.00, each, and on failure to deposit fine to undergo one month additional imprisonment. All the sentences are directed to run concurrently.

(2.) Incident giving rise to this appeal occurred on 12/2/2016 when the informant had gone to Saifai Hospital for the treatment of his daughter leaving behind his wife at home. Informant's wife had lost her eye-sight and she could not see. At about 4.0/4/30 pm, Rani W/o Maor Singh alongwith Maor Singh S/o Genda Lal; Ranjit S/o Taley Singh and Satyadeo S/o Balvir Singh on account of a previous fight between children and other enmity entered the house and started abusing informant's wife. Informant's wife could identify all these persons by their voice. It was at this stage that Rani with an intent to kill informant's wife poured kerosene on her and accused Maor Singh lit matchstick and threw it upon the informant's wife saying that as she hurls abuses so she should die, whereafter all the accused persons fled. Information about the incident was received by the informant while returning from Saifai and he rushed straight to District Hospital, Mainpuri. The incident was disclosed to the informant by the informant's wife and none else was present at the spot. A written report was accordingly made to the police by the informant. This written report (Exhibit Ka-1) is the basis of first information report lodged at Police Station Elaau, District Mainpuri as Case Crime No. 46/2016, under Sec. 307, 452, 504 IPC on the date of incident i.e. 12/2/2016 (Exhibit Ka.2).

(3.) The informant's wife (injured) was rushed to the hospital where her dying declaration was recorded on the date of incident i.e. 12/2/2016 at 8.40 pm by Ramnath, Tehsildar Sadar, District Mainpuri.