BACHCHA LAL Vs. STATE OF U P

JUDGEMENT

(1.) Bachcha Lal resident of village Mehnagar Police Station Mehnagar, District Azamgarh has preferred this appeal against his conviction under section 302 I.P.C. and sentence of death awarded to him by Sri S. L. Adarsh, ht Additional Sessions Judge; Azamgarh, by his judgment and order dated 31.10.1985 in Sessions Trial No. 51 of 1984.

(2.) The prosecution alleges that this was a case of bride burning on account of non-fulfillment of the demand of a Motor cycle and a golden chain made by the appellant from his father-in-law Kedar Nath Seth. The defence asserted that this was a case of accidental fire which had caused burn- injuries to the deceased Smt. Durgawati while she was cooking food in the kitchen.

(3.) Smt. Durgawati was married to the appellant about a year prior to the occurrence and she was residing in the house of her in laws in village Mehnagar Distt, Azamgarh. According to the prosecution case, about a month before the occurrence, Kanhiyalal (P.W. 6), the brother of the deceased, bad visited the house of the appellant in village Mehnagar and it was at that time that his sister had requested him to arrange for a Motor cycle and a golden chain as demanded by her in-laws, otherwise, one day they would kill her. It was also alleged that eight or ten days prior to the occurrence, the appellant himself went to his Sasural (father-in-laws place) in village Jalalpur and put forth his demand for a Motor cycle and a golden chain before his father-in-law Kedar Nath Seth (P.W. 4) in the presence of Rafiq Hussain (P.W. 5), Ismail Khan and Asha Ram and on getting unsatisfactory response from his father-in-Jaw, the appellant bad told Kedar Nath Seth in a threatening tone to see the fate of his daughter in the near future.