VED RAM @ BADALA Vs. STATE

JUDGEMENT

(1.) Heard Kumari Punita Pandey, learned Amicus Curiae for the appellant and Sri Saghir Ahmad, learned AGA for the State.

(2.) This Criminal Jail Appeal is directed against the judgement and order dated 06.12.2010 passed by Additional Sessions Judge, Court No.3, Bareilly in S.T. No. 42 of 2008, State Vs. Ved Ram @ Badela, arising out of Case Crime No. 886 of 2007 u/s 304 I.P.C., P.S. Devraniya, District- Bareilly by which the appellant Ved Ram @ Badela was convicted and sentenced to 10 years rigorous imprisonment with a fine of Rs. 15,000.00 and in case of default of payment of fine, six months additional imprisonment u/s 304 I.P.C.

(3.) Briefly stated, the facts of this case are that P.W.1 informant Ramesh, Chowkidar of village Karthara lodged a written report at P.S.- Devraniya, District- Bareilly on 28.06.2007 at about 1510 hours alleging therein that one Kanhaiya Lal Kumar, aged about 50 years had migrated from Bengal to his village with his wife Smt. Laxmi Devi and his nine children. About two years before, Kanhaiya Lal Kumar had expired where after Smt. Laxmi Devi had developed an illicit relationship with her neighbour Babu Ram Gangwar, son of Buddhsen and since about three months, Smt. Laxmi Devi had started living with Babu Ram Gangwar openly in his house which was not approved by her son Ved Ram @ Badela. On the date of the incident at about 9:30 P.M., appellant Ved Ram @ Badela brought his mother Smt. Laxmi Devi from the house of Babu Ram Gangwar to his house, criticizing her conduct on which Smt. Laxmi Devi protested whereupon accused-appellant Ved Ram @ Badela in a heat of passion and on sudden provocation set the clothes of his mother Smt. Laxmi Devi on fire and ran away. Smt. Laxmi Devi doused the fire by pouring water on her clothes and thereafter she was taken to Baheri for treatment in an injured state by her relatives and villagers along with the home guard Harish Kumar. On the basis of the written report (Ext.Ka.1), Case Crime No. 886 of 2007 u/s 308 I.P.C. was registered against the accused-appellant at P.S.- Devraniya, District- Bareilly. Check F.I.R. (Ext.Ka.3) and necessary G.D. Entry vide rapat no. 19 on 0310 hours were prepared on the same day. The injuries of injured Smt. Laxmi Devi were examined by P.W.4 Dr. Jai Prakash Singh of Community Health Centre, Baheri on 28.06.2007 at about 1 P.M. during which she had remained conscious and was in a position to speak and understand. She was brought to the hospital with 90 percent burn injuries and on being questioned by the doctor as to how she had sustained burn injuries, she stated that her son Ved Ram @ Badela had set her on fire after pouring kerosene oil. Later on, the injured Smt. Laxmi Devi was referred to District Hospital, Bareilly for further treatment where she died during treatment at about 5:40 P.M. The inquest report of the deceased Smt. Laxmi Devi and other related documents were prepared by P.W.8 Constable Brijpal Singh, who thereafter dispatched her dead body for postmortem. The autopsy on the dead body of the deceased Smt. Laxmi Devi was conducted by P.W.6 Dr. A.K. Gautam on 29.07.2007 at about 0215 hours who also prepared her postmortem report (Ext.Ka.5). The postmortem report of the deceased (Ext.Ka.5) indicates following antemortem injuries on her dead body :- "Burn injuries all over the body. Hairs of head scorching. Lines of redness present in the middle parts of the whole body. Skin peels off at several places." Internal Examination :- Brain and both the lungs were congested. Teeth 13/13. Liver was congested and gall bladder was full. Spleen and both the kidneys were congested. Genital organs and uterus were normal and uterus empty. Other parts were normal, stomach was empty, small intestine filled with gas and big intestine filled with faeces and gas.