WAQIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sarvajeet Kumar, learned counsel for the appellants, out of whom appellant no. 3 Furkan died during the pendency of the appeal that abated insofar as the said appellant is concerned vide order of this court dated 23.10.2017. Learned A.G.A. Sri Ajit Ray has been heard for the State.

(2.) The appeal arises out of case crime no. 150 of 2008 under Sec. 302 /34 I.P.C. police station Mandi District Saharanpur giving rise to Sessions trial No. 454 of 2008 wherein the learned Additional District and Sessions Judge, Court No. 4, Saharanpur has convicted the appellants vide judgment dated 15.12.2010 under the aforesaid sections for which they were charged and has sentenced them with life imprisonment coupled with a fine of Rs. 10,000.00 each failing which the appellants have to undergo three months further imprisonment.

(3.) The description of the incident as brought on record depicts the occurrence of the incident on 16.4.2008 at about 12.30 p.m. in the afternoon. The first information report was lodged by Mukhtiyar at 2:30 p.m. on the same day, who has been examined as P.W.-1 and is the husband of the deceased. The first information report narrates that the informant along with his younger brother Waqil resides in the same premises, the upper portion whereof is occupied by appellant Waqil and his family, and a room on the ground floor is occupied by the informant and his family. It is further stated that since the house is small, therefore, there occurred a regular heated verbal exchange between his wife and the wife of the younger brother Waqil namely Khushnuma. On this Khushnuma used to make complaints to her parents namely the deceased appellant Furkan and the appellant Murshida as a result whereof they were not on good terms and on account of such animosity, Waqil appellant no. 1, Khushnuma appellant no. 2 wife of Waqil, late Furkan appellant no. 3 father of Khushnuma as well as Murshida appellant no. 4 wife of Furkan and mother of Khushnuma all joined together and caught hold of the deceased Farhat wife of the informant, whereupon the appellant Murshida sprinkled kerosene oil on the deceased and Waqil set her on fire with a match stick. The deceased rushed out of the house when the informant along with Sadab the husband of his wife's sister came to her rescue who had already received serious burn injuries that was witnessed by a large number of neighbours of the locality. Taking advantage of the confusion the accused appellants ran away where after the informant along with the help of the members of the locality took his wife, Farhat, to the hospital who was in a serious condition. From there he came to the police station leaving his wife in the company of his relatives and accordingly lodged the first information report for taking appropriate action.