PURAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the appellant challenging the judgment and order dated 21.2.1985 passed by the Additional Sessions Judge Moradabad whereby the appellant has been convicted and sentenced to undergo imprisonment for life in Sessions Trial No. 75 of 1984 under section 302 IPC Police Station Katghar District Mordabad.

(2.) The emanation of facts as set up by the prosecution in a short conspectus is that Balbir lodged a first information report on 5.11.1983 at 6.30 p.m. divulging the facts that his sister Madhu was married with Puran, the sole appellant one & half year earlier to the incident. Raj Bahadur who is the relative of the complainant resident of Katghar came to his house and unfolded that his sister had sustained burn injuries and was admitted in the District hospital Moradabad in a precarious condition. On getting the shocking news, the complainant and his brother Ashok Kumar proceeded to District Hospital Moradabad to know her condition. On reaching at the Hospital, their sister informed him that her husband Puran (appellant) had thrashed in the night barbarously and brutally in an inebriated condition and in the morning there was exchange of heated words between them on the issue of consuming liquor. The appellant could not squeeze his anger and ire merely by thrashing the victim. He poured kerosene oil setting her ablaze as a consequence of which the house was also burnt. On the shriek and shrill of the victim, folk of the locality came on the spot . The complainant further stated that the condition of his sister was deteriorating on account of acute burn injuries hence appropriate action be taken .

(3.) On the basis of the said report, Ext. Ka.1,Ex.Ka.4 FIR was prepared and the case was registered against the appellant under section 307 IPC vide Case Crime No. 478 of 1983 in G.D. On registration of the first information report, investigating officer swung into action and recorded the statement of the complainant Balbir and Ashok Kumar, real brother of the victim , Dinesh and Hari Om , the Sardhoo of the accused appellant which were exhibited as Ex.Ka.7.8,9 & 10.