CHANDRAWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) MR . Anand Mohan Pandey holding brief of Mr. R.R. Mishra, Advocate appeared on behalf of the appellant and Mr. Virendra Pratap Yadav, learned A.G.A. appeared on behalf of the State of U.P. We heard arguments on 1.4.2015 and the judgment was reserved.

(2.) THE present criminal appeal has been preferred against the judgment and order of conviction and sentence dated 23.2.2005 passed by Additional Sessions Judge Court No. 3 Rampur in Sessions Trial No. 129 of 2003, State v. Sita Ram and Chandrawati, under Section 302, I.P.C. for life imprisonment and a fine of Rs. 10,000, arising out of Case Crime No. 1488 of 2002, under Sections 498A, 304B, 34 and 302, I.P.C., P.S. Civil Lines, District Rampur.

(3.) THE Investigating Officer inspected place of occurrence and recovered one empty 'dibiya', piece of burned 'sanmaika' of bed, brassier, terrycot shirt, etc. Site plan was prepared (Ex. Ka -14). However, no blood was found at the place of incident. From injury report, it is clear that she was brought by her husband Sita Ram and got admitted in the hospital. She was examined by Dr. R.S. Saini at about 1.50 a.m. (night) on 3.11.2002/4.11.2002. Injuries noted on person of Smt. Meena was burn superficial to deep all over the body including face, neck, chest, back of chest, abdomen, back of abdomen, pelvic region, both legs, both upper arm, forearm, skin peeled off or peeled over the body, approximately 90%. Further remark by Doctor was superficial to deep burn, burned clothes attached somewhere over the body. There was urgent call to Surgeon and she was admitted in emergency ward, smell of kerosene oil was present.