STATE OF U P Vs. INDAL RAM

JUDGEMENT

(1.) Raj Deo is the father and Indal Ram is his son. They were tried before the Sessions Judge, Mau in Sessions Trial No. 96 of 1999 for the offence punishable under Section 302 read with Section 34 I.P.C. for the murder of Smt. Sharda Devi (wife of one of them -Indal Ram) by burning her. They were acquitted vide judgment and order dated 2.3.2001 which has been questioned by the State by means of this appeal.

(2.) The genesis of the prosecution case was the F.I.R. lodged by PW 1 Kailash Ram (brother of the deceased) at Police Station Sarai Lakhansi, District Mau on 4.5.199 at 6.45 P.M. The incident took place in between the night of 3/4 May 1999 at about 1 O' Clock in village Rakauli. The case as per the F.I.R. and the evidence adduced in the Court was that the deceased had been married with the accused Indal Ram about 12 years before the incident. Indal Ram was a drunkard and a person of loose character. He had even brought another lady to his house to which the deceased Sharda Devi had objected. That lady had left after living in the house of Indal Ram for a night. In between the fateful night, the two accused tied Sharda Devi on a cot, gagged her mouth with a piece of cloth, doused her in kerosene and burnt her. PW 1 Kailash Ram was informed of the incident in his village Marhi, Police Station Kasimabad, District Ghazipur by a lady. The victim was admitted in District Hospital, Mau, but died there on 10.5.1999. On the lodging of the F.I.R. by PW 1 Kailash Ram, the case was initially registered under Section 307 I.P.C. with the preparation of check report and entry in the G.D. by PW 7 Constable Pradyumn Kumar and was subsequently converted under Section 302 I.P.C. consequent upon the death of the victim.

(3.) Initially, medical examination of the deceased was conducted in District Hospital Mau on 4.5.1999 at 7 P.M. by PW 4 Dr. C.M. Rai. She had been admitted there by her husband Indal Ram accused and as per the medical examination report Ex.Ka 4 superficial to deep burn injuries were found over her face, neck, chest, abdomen, both upper limbs, back both thighs and part of legs with presence of singing of hairs and smell of kerosene. Her dying declaration was recorded by PW 8 Pramod Kumar, Naib Tehsildar on 4.5.1999 at 11 A.M. on her condition having been certified to be fit to make the dying declaration by PW 5 Dr. Mangal Singh. The investigation was conducted by PW 6 SI Abrar Ahmad. After the death of the deceased, post mortem over her dead body was conducted by PW 3 Dr. J.P. Gupta on 11.5.1999 at 3.15 P.M. The deceased was aged about 34 years. Suffice it to say that burns were found as ante mortem injuries and the death had occurred due to shock and septicemia.