JEERA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Jail Appeal has been directed against the judgment and order dated 27.08.2015 passed by Additional Sessions Judge, Chandauli in Sessions Trial No. 81 of 2013 arising out of Case Crime No.103 of 2012, P.S.-Dheena, District- Chandauli, whereby the appellant was convicted for commission of offence punishable under Section 302 I.P.C. and sentenced to imprisonment for life with fine of Rs.5,000/-, in default to undergo additional imprisonment for six months.

(2.) The complainant-Ghanshyam Gaur s/o Sri Bachau Gaur had lodged the First Information Report on 18.11.2012 at 14.10 hours at P.S.- Dheena, Sub-District- Sakaldeeha, District- Chandauli. In his first statement he stated that her sister Bittu Devi was married with Ramji Gaur s/o Chandrashekhar Gaur, P.S.- Dheena, District- Chandauli. His brother-in-law died. His sister was working as cook in Primary School, Baheri and was nurturing her children. Her mother-in-law Jeera Devi w/o Chandrashekhar and wife of younger brother of husband (Devrani) Durga Devi w/o Shivalu Gaur had used abusive language to her. On 17.11.2012, they had removed Chaukhat of her room and kept in their house. When her sister returned to her house, she saw that Chaukhat was removed, then she asked about it from her mother-in-law Jeera Devi and Devrani Durga Devi but they started quarreling with her and abusing her. At that very time her father-in-law Chandrashekhar Gaur came there and all these three persons burned her sister Bittu Devi by pouring Kerosene oil over her. Bittu Devi's son Ankit was present on spot who had also got burn during the course of saving her mother. She was under treatment in Pandit Kamla Pati Tripathi, District Hospital.

(3.) The deceased was admitted in hospital and during her treatment Naib Tehsildar, Tehsil-Chandauli had recorded her statement on 17.11.2012 i.e. the date of incident in presence of Dr. Sanjay Kumar. According to the Medical Officer of the hospital Dr. Sanjay Kumar, she was fully conscious and was competent to give statement and in his presence the Naib Tehsildar Chandauli has recorded her statement willfully.