STATE OF U.P. Vs. KAILASH NATH

JUDGEMENT

(1.) Heard Shri Arun Kumar Pandey, learned Additional Government Advocate for the appellant, Shri Virendra Kumar Yadav, learned counsel for the accused-respondent and perused the trial court record.

(2.) The instant Government Appeal has been preferred against the judgement and order dtd. 24/2/1984 passed by the Sessions Judge, Varanasi in S.T. No. 219 of 1983, State vs. Kailash Nath by which the accused respondent has been acquitted of charge under Sec. 302/34 I.P.C.

(3.) Briefly stating, the prosecution case, as unravelled in the FIR is that one Geeta Devi was married to the accused-respondent about one and half years back. After the said marriage, it is alleged that on account of non-fulfillment of demand of dowry she has been done to death in the night between 4-5/7/1982 by setting her ablaze at her matrimonial house. In respect of the said incident, a written information marked as Ex. Ka-2 in respect of the death of Geeta Devi after receving burn injuries, was also given by Gopal Prasad, P.W.3 at police station Sarnath at about 5.00 a.m. in the morning. In the said report it was stated that at about 2.30 a.m. in the night when all the family members had gone to sleep after taking their meals, they suddenly saw smoke emerging out and smell of kerosene oil emitting. Hearing sighs of the deceased, his mother rushed there and opened the door and saw her daughter-in-law Geeta Devi lying in a burning state. On alarm being raised by her mother, they also rushed to the room of the deceased and saw that her Sister-in-law had died on account of burn injuries. On the basis of the said report, the police reached at the place of incident and conducted the inquest on the person of the deceased and after preparing relevant documents had sealed the dead body and despatched the same for autopsy.