RAMU SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal has been filed against the judgement and order dated 10.12.2010 passed by Additional Sessions Judge, Court No. 17, Agra in Sessions Trial No. 974 of 2008, State Vs. Ramu Srivastava, whereby the appellant has been convicted and sentenced with life imprisonment and to pay Rs. 10,000.00 as fine and in default to undergo one year rigorous imprisonment for the offence under Sec. 302 I.P.C.

(2.) Facts giving rise to appeal in brief are that P.W.-1 Ghanshyam Singh had lodged a written report on 03.05.2008 at 8:05 p.m., at P.S. Chhatta, District Agra alleging that Smt. Sunita Srivastava wife of Ramu Srivastava, who was residing in house No. 23/8A, Jeevani Mandi Agra with her husband and children as tenant, had been badly injured due to burn injuries having received on 03.05.2008 at 05:00 p.m. It was stated in the report that Ramu Srivastava, husband of Sunita Srivastava ablazed his wife after pouring kerosene oil over her and that his son Kuldeep Srivastava had also received burn injuries in his both feet while trying to save her mother from burning. It was also stated that upon hearing the noise of Smt. Sunita Srivastava and her children, Ghanshyam, the first informant, Smt. Kusum Devi and many other of the locality reached the place of occurrence and extinguished the fire by pouring /throughing water on the injured Sunita Srivastava. This report was registered at P.S. Chhatta, District Agra as case crime No. 86 of 2008, under Sec. 307 I.P.C. and the investigation of the case was under taken by P.W.-8 S.I. Madan Pal Singh.

(3.) Injured Smt. Sunita Srivastava was immediately taken to S.N. Medical College, Agra, where her dying declaration was recorded on the same day by P.W.-9 Shri Achhey Lal Yadav, the then Additional City Magistrate, Agra. In the dying declaration, Smt. Sunita Srivastava stated that she was ablazed by her husband Ramu Srivastava by pouring kerosine oil on her and lighting a matchstick. She also stated that upon noise made by her the people of locality came to her and they extinguished the fire and also took her to Hospital.