HANUMAN SEWAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brahm Singh holding brief of Sri Gaurav Saran, learned counsel for the appellant as well as Kumari Meena and Sri Saghir Ahmad, learned AGAs for the State an perused the record of the appeal.

(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 8th February, 1988 passed in Sessions Trial No. 274 of 1985, State v. Hanuman Sewak , arising out of Case Crime No. 42 of 1985, Police Station Khorabar, District Gorakhpur, whereby the accused appellant Hanuman Sewakhas been sentenced to undergo life imprisonment under Section 302 IPC.

(3.) The prosecution story, as unravelled by the first information report, reveals that a written report was moved with Police Station Khorabar of District Gorakhpur on 25.3.1985 at 23.40 hours by Shri Lalchand S/o Shivnarain, proceeded against Hanuman Sewak with allegation that Hanuman Sewak Srivastava S/o Chandrika Srivastava was residing in his village. Today at about 9.00 P.M. or 10.00 P.M. there was exchange of some tiradic altercation took place between Hanuman Sewak Srivastava and his wife. On being annoyed, Hanuman Sewak Srivastava sprinkled kerosene oil on her wife and set her ablaze. On her screaming, Adalati, Bechu Dhobi and Village Pradhan reached at the place of the incident and they tried to put out the fire. His burnt wife had told the informant and the villagers about the incident. Request was made for lodging the report and taking appropriate action. The written report is Ex.Ka.1.