RAJJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge in the instant criminal appeal is the judgment and order dated 30.9.2008 passed by Additional Sessions Judge/Special Judge (E.C. Act), Allahabad, in Sessions Trial No. 320 of 1990, arising out of Case Crime No. 29 of 1990, Police Station, Khuldabad, District Allahabad, whereby appellant Rajjan was convicted for the offence under Sec. 302, I.P.C. and was sentenced to undergo imprisonment for life and also with fine of Rs. 2,000. He was further convicted for the offence under Sec. 201, I.P.C. and was sentenced with rigorous imprisonment for a period of three years and also with fine of Rs. 1,000. In default of payment of entire fine amount, the appellant was directed to undergo simple imprisonment for a period of six months. The other accused persons namely Sangam Lal, Ram Singh, Chhote Lal and Arjun, who also faced trial alongwith appellant Rajjan were acquitted of all the charges levelled against them. In brief, the case of the prosecution was that Punnu Lal, who happens to be the father of the deceased, had lodged a first information report on 15.1.1990 at 4.00 p.m. at Police Station, Khuldabad alleging therein that his daughter was married with appellant Rajjan. On 14.1.1990 in the night, she has been killed by strangulation and thereafter her dead body has been set on fire. She was living in C.P.W.D. office campus. Information of this incident was given to the brother of the deceased by some other person. Thereafter, the complainant side came to the house of the appellant and found that appellant Rajjan was absconding. The complainant requested the father of the appellant to call his son (appellant) but he did not turn up throughout the day. All the relatives also reached there but Rajjan did not come back to his place of living. On the basis of this information, first information report was lodged against unknown persons and case was investigated. From the place of occurrence, the Investigating Officer recovered burnt papers, blackening was also collected from the wall which was the result of smoke of fire and its memo was prepared. After completing the inquest proceedings, the dead body was sealed and was sent for post -mortem, which was conducted on 16.1.1990 at 3.15 p.m. According to the post -mortem report, post -mortem burn injuries were present all over the body except part of both buttocks and left sole. Hairs were singed. No line of redness and vesicles seen. Skin charred at places. Hyoid bone was intact. Larynx and trachea were congested. No carbon particles and no blood stains were present. Both lungs were congested. Heart was empty and the deceased was having pregnancy of about eight weeks. The doctor could not ascertain the cause of death, hence, viscera was preserved.

(2.) The case of the defence was that appellant Rajjan was a Driver. He was on his duty. The incident had taken place in the winter season, i.e., month of January. There was a room heater and the deceased came into contact of the said heater in the night and died due to electrocution. Since, there was nobody present in the house, therefore, throughout the night she remained in contact of electric current.

(3.) In order to prove its case, the prosecution has examined P.W. 1 Punnu Lal -the complainant, P.W. 2 Shiv Dani, P.W. 3 Ram Jatan -brother of the deceased, P.W. 4 Sant Lal -brother of the deceased (all these witnesses have been examined to prove the fact of marriage and the motive of the appellant to cause her death), P.W. 5 S.S. Ashutosh, Additional District Magistrate, who has conducted the inquest proceedings and P.W. 6 Dr. Brijendra Singh, who has performed autopsy on the body of the deceased. All the papers which were prepared during investigation were admitted by the counsel for the defence under Sec. 294, Cr.P.C., therefore, the witnesses to prove those documents were not examined during trial.