DESHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) DESHRAJ appellant has filed this appeal against the judgment and order dated 7-9-1977 of the Sessions Judge, Nainital convicting and sentencing him to imprisonment for life under section 302 IPC and to five years RI under section 201 IPC. The sentences are to run concurrently.

(2.) THE appellant is a resident of village Saijani, P. S. Sitarganj, District Nainital. THE deceased Smt.Mathura Bai was his wife.

(3.) ON 5-3-1977 at 6.50 A.M. a report about this incident was lodged by Pale Ram (PW 7), the elder brother of the appellant, in which he had reported that for sometime the mental state of the deceased was unsound and on that morning she entered a heap of Pual after setting fire to it. She could, however, not be saved despite the efforts made by her husband and other residents of the village for extinguishing that fire.