MEHFOOZ ALAM @ WAHEED Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29.05.2012 passed by Special Judge, E.C. Act/Additional Sessions Judge, Bahraich in Sessions Trial No. 219 of 2011, corresponding to case crime no. 596 of 2011 of P.S. Dargah Sharif, District Bahraich, whereby and whereunder, the appellant was convicted under Section 302/326/449 of the IPC and sentenced to undergo rigorous imprisonment for ten years for committing offence under Section 449 of the IPC and was also directed to pay a fine of Rs. 5,000/-. In case of default in making payment of fine, he was further directed to undergo imprisonment for one year. The appellant was also sentenced to undergo imprisonment for ten years and pay fine of Rs. 5,000/- for committing offence under Section 326 of the IPC. He was further directed to undergo imprisonment for one year in case of default in making payment of fine. The appellant was further sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/- for committing offence under Section 302 of the IPC. In default of making payment of fine, he was further sentenced to undergo imprisonment for two years.

(2.) The case of prosecution, in short, as per the written statement dated 09.06.2011 of Azmat Ali (P.W. 1) is that in the night of 07.06.2011 at about 12 O'clock, he and his family members woke up after hearing the cry of his daughter Rozy (deceased), who was sleeping in another room. It is further stated that he and his family members went to the said room and saw that his daughter was burning, whereas, at the same time, Mahfuz Ahmad Kasai (Appellant) and Sanu were fleeing away from the room. Thereafter, the informant and other members had extinguished the fire from the body of his daughter Rozy and took her to district hospital, where she was getting treatment, but there was no chance of her survival. It is further stated that later on, he came to know that Mahfuz and Sanu had entered inside the house and had tried to establish sexual relation with his daughter Rozy and when she forbid them and threatened to disclose this fact to her family members, then both tied her hands and legs and put fire on her body, due to which she received grievous burn injury.

(3.) It reveals from the record that on 08.06.2011 at about 12.50 AM, the deceased- Rozy was examined by Dr. Malay Kumar Srivastava (P.W. 5), who found burn injury on her entire body, except both palm, both soles and lower part of leg. P.W. 5 had also proved the injury report, which was marked as Exhibit Ka- 4. It appears, that on the basis of aforesaid written report, case crime no. 596 of 2011 instituted under Section 326 of the IPC on 09.06.2011 at 17.45 PM.