RAMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid criminal appeals are filed by appellant Ramesh (one from Jail and another through Counsel) against the judgment and order dated 17-3-1996 passed by Ist Additional Sessions Judge, Gonda convicting the appellant under Sec. 302 I.P.C. sentencing him with death. The learned Sessions Judge, Gonda has also sent a Capital Sentence Reference No. 2 of 1996 to this Court for confirmation of the death sentence. The Capital Sentence Reference No. 2 of 1996 as well as the aforesaid criminal appeals have been consolidated and are being disposed of together by a common judgment.

(2.) Appellant Ramesh and co-accused Sangam Lal alias Barkau were prosecuted under Sec. 302/34 I.P.C. pertaining to P.S. Paraspur, District Gonda in connection with an incident which is alleged to have taken place in the mid-night of 11/12-5-1990 at about 2.30 A.M. It is said that Ram Kumar complainant was sleeping with his wife in their newly half built house. It is also alleged that the parents of the complainant were sleeping just out side the house. It is said that both the accused persons entered into the house and accused Barkau shut the mouth of Ram Kumar complainant while accused Ramesh thrust cloth into the mouth of Smt. Jugra and dragged her to another room. It is further alleged that accused Ramesh asked the deceased (Smt. Jugra) to run away with him but she refused to obey the appellant. It is the case of the prosecution that appellant Ramesh thereafter, threatened her to kill her if she will not run away with him. However, when she refused to run away with him then it is said that appellant Ramesh poured kerosene oil on Smt. Jugra and set fire to her body with a match-stick. It is said that there was a bottle filled with kerosene oil hanging with the wall of the Kothari. It is further case of the prosecution that thereafter, accused Ramesh called co-accused Barkau and both of them then stopped Smt. Jugra to run away from the room. It is also alleged that Ram Kumar complainant thereafter, raised an alarm and on hearing the alarm his parents as well as other villagers reached there and on their challenge the accused persons ran away. It is the case of the prosecution that as Smt. Jugra was alive therefore, she was immediately brought to P.S. Paraspur where Ram Kumar complainant lodged a written report on 12-51990 at 4.15 A.M. The case was registered under Sec. 307 I.PC. and S.I. Chhabi Nath Prasad who was present at the time of lodging of the F.I.R. recorded the statement of Smt. Jugra under Sec. 161 Cr. P.C. and thereafter, she was sent to P.H.C. Paraspur where she was medically examined by Dr. H.N. Tiwari on 12-5-1990 at 5.10 A.M. The doctor found the burn injuries on hundred per cent area of her body and there was peeling of skin here and there. The doctor has also stated that there was smell of kerosene oil which was coming from her body. It is said that thereafter, Dr. H.N. Tiwari recorded dying declaration Ext. Ka-19 in the presence of two witnesses namely: Daya Ram Pandey and Ganesh Prasad Shukla. In the dying declaration Smt. Jugra stated that accused Ramesh lifted her and put cloth into her mouth and after sprinkling kerosene oil, set fire on her body. She further stated that there was one more person with accused Ramesh but she could not identify him. It is said that Smt. Jugra thereafter died and therefore, an information about the death of Smt. Jugra was sent to P.S. Paraspur by Dr. H.N. Tiwari. The said information was received in the police station at 5.45 A.M. then the case was converted into under Sec. 302 I.P.C. The Investigating officer Chhabi Nath Prasad was present at the police station and on receipt of the said information, he proceeded to the hospital and found the dead body of Smt. Jugra lying on the floor in open campus. of P.H.C. Paraspur. The Investigating officer Chhabi Nath Prasad thereafter, prepared the Panchayatnama and other relevant papers and sent the dead body of deceased Smt. Jugra to mortuary for autopsy. He also inspected the spot and prepared the site plan Ext. Ka-20. The Investigating officer thereafter recorded the statements of other witnesses and thereafter, after completing the investigation of this case submitted charge-sheet against two of the accused persons including the appellant.

(3.) In support of its case, the prosecution examined three eye-witnesses in this case namely: PW-I Ram Kumar, the husband of the. deceased, P.W.2 Ram Prakash, the father-in law of the deceased and PW-3 Smt. Lakhpatta, the mother-in-law of the deceased. As pointed out above, P.W2 Ram Prakash and P.W.3 Smt. Lakhpatta were sleeping outside the house and they reached the scene of the incident on hearing the alarm raised by PW--1 Ram Kumar and thereafter, they witnessed the whole incident. However, all the aforesaid three eye-witnesses did not support the prosecution case and therefore, they were declared hostile. The prosecution therefore, moved an application for closing of evidence on 10-1-1996. The teamed Sessions Judge allowed the said application and fixed the case for recording statements of the accused under Sec. 313 Cr. PC. However, on the next date of listing the D.G.C. (Crl.) moved an application for summoning of the doctor. The said application was allowed by the learned Sessions Judge and the doctor H.N. Tiwari as well as Investigating officer Chhabi Nath Prasad were summoned as Court witnesses Nos. 1 and 2 respectively. C.W. 1 Dr. H.N. Tiwari and C.W.2 S.I. Chhabi Nath Prasad were examined before the Sessions Court where they proved the dying declarations recorded by them.