NANHEY Vs. CRIMINAL APPEAL NO 1325 OF 2001

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 12-11-1992, passed by IV Addi tional Sessions Judge, Nainital, in Ses sions Trial No. 175 of 1991, whereby accused/appellants Nanhey and Faruq are convicted under Section 302 read, with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I. P. C.), and each one of them is sentenced to un dergo imprisonment for life and also to pay fine of Rs. 500/ -.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussions, it is just and proper to mention here the burn injuries found on the person of the de ceased at the time he was admitted in the Primary Health Centre, Kichha. From the statement of P. W. 6 K. P. S. Chauhan read with the copy of injury report (Ext. A-7) it is established on record that Sunder Lal had 90% dry burn injuries by kerosene oil found at the time he was admitted in the hospital, which are be ing reproduced below : i) Superficial dry burn whole front and back right arm. (ii) Superficial dry burn whole front and back right thigh. (iii) Superficial dry burn whole front and back left thigh. (iv) Superficial dry burn whole geni tal organ. (v) Superficial dry burn whole front and back right leg up to foot. (vi) Superficial dry burn whole front and back left leg up to foot The aforementioned injuries recorded at the time of admission of the deceased in the Hospital get corroborated from the ante mortem injuries mentioned in the postmortem examination report (Ext. A- 6), prepared by P. W. 4 Dr. Virendra lumiar Dixit. The autopsy report shows that there were extensive 2nd and 3rd degree ante mortem burn injuries present all over the body except lower part of legs and feet where line of redness was present. On internal examination of the dead body Dr. Virendra Kumar Dixit (P. W. 4) found membranes congested, brain pale, pleura pale, larynx con gested. P. W. 4 Dr. Virendra Kumar Dixit in his examination before the court stated that the cause of death of the de ceased was shock due to burn injuries. From the above evidence it is clearly proved on record that the deceased (Sunder Lal) has died homicidal death due to ante mortem burn injuries. Now the question is whether the accused / ap pellant Nanhey accompanied with Faruq has caused the injuries with intention to commit murder of the deceased or not.