RAJENDRA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Rajendra Kumar filed this appeal against the judgment and order dated 7-8-1980 convicting him under Section 302, I.P.C.and sentencing him imprisonment for life by the Court of Session, Kanpur. The appellant Rajendra Kumar was married about 3 1/2 years ago from the date of the incident with Smt. Asha Devi. Asha Devi's father's name is Ram Bali Gupta P.W.1 and mother's name is Smt. Vijai Lakshmi P.W.2. A son was born 1 1/2 years after remarriage but died after some time. A daughter was also born thereafter to her, who was alive at the time of the incident. The appellant Rajendra Kumar was a man of suspicious nature. His behaviour towards his wife Smt. Asha Devi was not good. He used to beat her off and on and also threatened her. It is said that once the appellant had tied a Dhoti around her neck and hanged her but when her tongue protruded out he brought her down. The father of the deceased was called and she was sent with him. It has come in evidence that she lived there for 7-8 months and her parents did not send her to the house of the appellant. The appellant had sent several persons for sending back Smt. Asha Devi and had also assured that he would not mal-treat her in future. She was sent to the house of the appellant on his assurance.

(2.) On 17-10-1979 Smt. Asha Devi had asked the appellant to take down the fuel wood from the 'Tand' (rack) so that she could cook food for the family. The appellant refused. Thereafter Smt. Asha Devi could take down the fuel wood and started preparing food on the oven. It was about 8 a.m. The delay in preparing the food annoyed the appellant. He picked up a burning piece of wood and touched it on her cheek. Thereafter he took her to the adjoining room and poured kerosene on her and set fire on her. The appellant tried to prevent her from running away and in the process also got some burns in his hand and other parts of the body. When she could run down burning with flames, her brother-in-law (Dewar) Brijesh extinguished the fire by placing a blanket around her and tearing the saree. Her mother-in-law put wet clothes on her to extinguish the fire. She had received extensive burn injuries, was taken to U.H.M.Hospital for treatment. She was admitted in the emergency ward of the Hospital by Smt. Nanhi Devi at about 9 a.m.

(3.) The younger sister of the deceased. Smt. Asha Devi is Km. Usha P.W.10, who was a student of Class VIII in Babu Ram Dixit Vidyalaya, Naughara. Two other girls Km. Laxmi P.W.12 and Km. Meera belonging to Mohalla Dhan Kutti where the appellant and deceased lived were also in the same class of Km. Usha. These girls had informed Km. Usha in the school about the burning of Smt. Asha Devi. After hearing from her class-mate that her sister was burnt, she rushed to the house of the appellant. Babu Ram and Manju were present. They refused to give any information. She went to the upstairs of the house, where one told her that her sister was first hit by burning wood and then burnt. thereafter was taken to the hospital. Her examination was going on. After appearing in the examination she went to the house and informed her parents.