SHYAM KISHORE YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manish Sharma, learned counsel for the appellant and Shri Umesh Verma, learned A.G.A. for the State.

(2.) Instant criminal appeal has been preferred by the appellant Shyam Kishore Yadav challenging the judgment and order dated 25.02.2006 passed by learned Additional Sessions Judge, Court No. 3, Lakhimpur Kheri in Sessions Trial No. 457/2000 (State versus Shyam Kishore Yadav), under Sec. - 302 I.P.C., Police Station -Sampoorna Nagar, District -Kheri, arising out of case crime No. 25/2000 whereby accused appellant was convicted under Sec. - 302 I.P.C. and sentenced for imprisonment for life and fine of Rs. 10,000/ - in default of payment of fine six months rigorous imprisonment was awarded.

(3.) According to the prosecution, on 09.3.2000, at about 08:00 P.M. Kalawati, wife of complainant Jang Bahadur went to house of accused -appellant Shyam Kishore for cooking the food, who is relative and neighbour of the complainant. At about 12:00 in the night Kalawati came into house in burning condition and told that some dispute arose between her and Shyam Kishore. Accused Shyam Kishore poured Kerosene oil upon her and put her to the fire. Complainant took his wife to the hospital and lodged the F.I.R. at 04:30 A.M. The investigation was entrusted to S.I. Shyam Singh Chauhan. Kalawati succumbed to the injuries. Case was altered under section -302 I.P.C. During investigation, Investigating Officer recovered plain and kerosine oil mixed soil from the place of occurrence, half burnt Razai gadda, kerosene oil plastic container were also recovered. Inquest proceedings were conducted on 10.3.2000. Postmortem was conducted on 11.3.2000. Investigating Officer inspected the place of occurrence. After concluding the investigation, charge sheet under Sec. - 302 I.P.C. was submitted against accused who pleaded not guilty and claimed to be tried before learned trial court.