BHASHENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed by Bhashendra son of Munshi Lal resident of village Baroli-Fateh Khan, Police Station Madrak, Aligarh against the judgment and order dated 10-10-2003 passed by Special Judge/Addl. Sessions Judge, Aligarh in S.T. No. 34 of 2001 whereby the appellant has been convicted under Section 302, I.P.C. and sentenced to death.

(2.) The brief facts of the case, mentioned in the F.I.R. lodged by Chandra Bhan, are that he married his sister Meera Devi about six years back to Bhashendra. His sister had a son Shiv Shankar aged about 5 years. He was occasionally ill and on the ground of his illness Bhashendra, his mother, father Munshi Lai and sister-in-law Manjoo, used to demand money and they use to assault her also and she was also turned out from the house on the ground for bringing Rs. 20,000/- otherwise they would not keep her. It is further stated that they had given a plot of Rs. 20,000/- and Rs. 5000/- cash. But despite this there was a demand of Rs. 20,000/-. It is stated that when they showed their helplessness in fulfilling the demand she was taken in the forest of Kheriya on the pretext for taking her to Gangaji. Bhashendra had sprinkled kerosene oil and diesel and set her on fire. She was admitted in the district hospital Malkhan Singh and her statement was also recorded in which she stated that her husband Bhashendra after sprinkling kerosene oil set her on fire. The report was registered at the police station, Madrak on 10-5-2000 at 1.15 p.m. After the registration of the case initially it was investigated by S.I. Shyam Singh and after the death of Meera Devi the case was converted under Section 304-B, I.P.C. Thereafter the case was investigated by Sri Ajai Kumar Singh, C.O. Iglas and during investigation when the case was converted under Section 302, I.P.C. the investigation was handed over to Gulzar Ahmad, S.O., Madrak. He submitted charge-sheet (Ext. Ka-7) only against the appellant and other persons were not charge-sheeted. After the submission of the charge-sheet case was committed to the Court of Sessions.

(3.) The prosecution in order to prove its case examined 10 witnesses in all. P.W. 1 Chandra Bhan is informant of the case. P.W. 2 Hira Lal is father of deceased, Smt. Meera Devi. P.W. 3 Dr. Ram Prakash Sharma conducted the post-mortem examination. P.W. 4 V. K. Sharma is Pharmacist. P.W. 5 Dr. A. K. Jain medically examined Smt. Meera Devi. P.W. 6 is Constable Geetam Singh. P.W. 7 is S.O. Gulzar Ahmad. P.W. 8 is Dr. Arjun Singh. P.W. 9 Dhirendra Singh, Addl. City Magistrate recorded the dying declaration of the deceased. P.W. 10 is Constable Vijai Pal Singh.