PRATAP NARAIN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Chatterji, J. This criminal appeal has been filed against the judgment & order dated 1-10-1990, passed by Special Addl. Sessions Judge Pratapgarh in Sessions Trial No. 161 of 1987 whereby the appellant is convicted under Section 304 Part-I, IPC, and sentenced to undergo ten years' R. I. and a fine of Rs. 1000/- and in default of payment of fine further imprisonment for one year was awarded.

(2.) FACTS of the case, in brief, are that one Ramadhar lodged a report at Police Station Kohdor that in the night of 18/19-5-1987 at about 2 p. m. his son Pratap Narain has set fire on his wife, namely, Shail Kumari by sprinkling kerosene oil on her. On noise Kedar Nath, Ramfer and others came there. The complainant Ramadhar was sleeping at Tubewell who also came at the spot and saw that his wife and daughter were extinguishing the fire of Shail Kumari. He had asked Shail Kumari regarding the incident then she told that her husband wanted to re-marry leaving her and two children and on her objection he has set fire upon her. After investigation charge-sheet was submitted against the accused appellant under Section 304 (1), IPC. He was tried by the learned Sessions Judge and was convicted and sentenced accordingly.

(3.) IT was argued by the learned Counsel for the appellant that none of the prosecution witness has supported the prosecution case. There is solitary Dying Declaration of deceased Shail Kumari which was recorded in District Hospital, Pratapgarh by PW 4 on 19-5-1997 at 9. 05 a. m. In her dying declaration she named her husband, accused appellant that he had set fire on her as he wanted to re-marry. He further argued that it was an incident as the deceased had caught fire with a burning lamp which had fallen while she awoke to bring water for her son.