SHIVRAM @ SUKHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, appellant-Shivram @ Sukhai s/o Har Narain, r/o-Katkari P.S.-Nadigaon, District-Jalaun at Orai has challenged judgment and order of conviction dated 30.3.2005 passed by III-Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 105 of 2003, State v. Parshuram and Others, under Sections 147, 452, 302 IPC, Police Station-Nadigaon, District-Jalaun arising out of Case Crime No. 100/2001, whereby appellant-Shivram @ Sukhai has been sentenced to one year rigorous imprisonment under Section 452 IPC and imprisonment for life under Section 302 IPC. Both the sentences to run concurrently.

(2.) Heard Sri Amit Tripathi, learned counsel for the appellant and Sri A. N. Mulla, Sri Saghir Ahmad, Sri J. K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record of this appeal.

(3.) A report was lodged against several persons including the appellant by informant-Sheetal Kumar s/o Laxman Singh at Police Station-Nadigaon, District-Jalaun alleging that some dispute exists with Parshuram and others for installing door. In the morning of 25.10.2001, informant-Sheetal Kumar-along with his father had gone to work in their field and his mother-Girja Devi was at home. Accused persons-Parshuram s/o Chuttan, Pappu @ Govind Narain s/o Parshuram, Shivram @ Sukhai s/o Har Narain, Ram Sharan s/o Har Narain, Sudama s/o Har Narain and Smt. Munni Devi w/o Shivram @ Sukhai entered in the house of informant-Sheetal Kumar and caught informant's mother Smt. Girja Devi, who was brooming floor of the courtyard of the house, and with intention to kill, Shivram @ Sukhai poured kerosene oil on his mother and put her afire. Informant's mother raised alarm when Shyam Sundar s/o Amrit Singh, Vimal s/o Raghav Ram and Ramkesh s/o Chatur Singh, who were sitting in front of the house, came to her rescue after breaking open the door, which was locked from inside, when they found informant's mother lying on the ground in burnt condition. They also saw the assailants fleeing away through the roof of the house. This report is Ext. Ka-1.