SHEORAJ Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 29.10.1982, passed by the Additional Sessions Judge-II, Moradabad in Sessions Trial No. 438 of 1981, State v. Sheoraj and others, whereby convicting the appellants for the offence under Section 302/34, I.P.C. and sentencing them to rigorous imprisonment for life.

(2.) THE essential facts leading to the appeal are that on 8.12.1979 at about 7 a.m. the victim alongwith her elder sister Bhuri (P.W. 2) had been going to the jungle for grazing pigs. Her sister was ahead of her. On hearing the outcries of 'save save' the witness (P.W. 2) turned back and saw accused-appellants setting fire to her sister with sugarcane leaves. THE incident took place in the eastern corner of the gher of Malkhan situated in the jungle of village Hasha Nagla, within the territorial limits of police station Mainather. THE witness Bhuri was threatened with dire consequences when she went forward to help her sister. THE motive behind the commission of offence was litigation for land with Ram Charan, father of the appellants. THE first informant Gendan Lal (P.W. 1) had gone to Moradabad to attend his case fixed on 7.12.1979 and he reached home at about 1 p.m. on 8.12.1979 on receiving information about the incident. He found his daughter at his house lying unconscious. He rushed his daughter to the District Hospital, Moradabad where she was medically examined by Dr. Y. C. Gupta (P.W. 8) on 8.12.1979 at 5.22 p.m. and following injuries were noticed on her body as per injury report (Ext. Ka-12). 1. Burns on the whole of the back of both sides chest and both buttocks and total back. 2. Burns on the total front of right thigh.

(3.) BURNS on the front of right upper arm.