GULAB Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeal has been preferred by appellant Gulab against the judgment and order of conviction dated 28.07.2006 passed by the Sessions Judge, Banda, in Sessions Trial No.26 of 2005, State Vs. Gulab and others) arising out of Case Crime no.54 of 2004, Police Station Badausa, District Banda, whereby appellant has been sentenced to life imprisonment under section 302 I.P.C. coupled with fine Rs. 10,000/-, default stipulates one year additional simple imprisonment.

(2.) We have heard Sushri Sakshi Keserwani and Sri Rajrshi Gupta, learned counsel for the appellant and Sri Saghir Ahmad, Sri J.K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record of this Criminal Appeal.

(3.) The factual evolution of this appeal comes into being with the recording of dying declaration (Exhibit Ka-7) of victim Abdul Hafeez alias Pappu son of Mumtaz on 20.04.2004 between 6.05 P.M. to 6.20 P.M.-by P.W.8 Raj Bahadur, Naib Tehsildar/Magistrate, Banda. Then course of events passes on to lodging of FIR at Police Station Badausa on 21.04.2004 at 22.30 hours regarding the occurrence allegedly taken place on 20.4.2004 in the morning around 05.30 a.m. at village Bagaichapurwa, Police Station Badausa, District Banda by the injured/deceased Abdul Hafeez @ Pappu with the allegations that the first informant (deceased) returned with his wife Shamshad Bano from her 'Maika' in village Kalahra within Police Station Kotwali Naraini, in the evening of 19.4.2004. Same day in the evening at about 10 p.m., informant's brother-in-law Gulab along with Raheem came to his house and stayed there whole night. On the following morning (20.4.2004), the first informant went to attend natures call and when returned from there, he saw his brother-in-law Gulab and his wife Shamshad Bano in compromising position on the bed, whereupon both of them caught him and in the meanwhile, Raheem, who was standing outside also came in, when Gulab poured kerosene oil on him with intention to kill him, Raheem gripped him while his wife Shamshad Bano set him on fire with the help of match-stick due to which he sustained severe burn injuries.