SAROJ KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal against the sentence of death passed under Sec. 302 IPC by Mr. G.S.N Tripathi, the then Sessions Judge, Lalitpur, has been preferred by Saroj Kumar Gupta. The usual reference has also been submitted by the Sessions Judge. The order of the, learned Sessions Judge is dated 17/1/1987.

(2.) Smt. Kusum, who was the wife of Karan Singh, had left her husband about 10 years back and it is contended that she was living in a room at the place popularly kdown as Elite Choraha. She come into contect with Saroj Kumar Gupta appellant, who was engaged as a Conduct of a Bus on which Kusum's father was a Driver. It is said that Saroj Umar Gupta and Smt. Kusum started living as husband and wife. There was some dispute a day or two earlier between these two persons as regards unfaithfulness of Smt. Kusum. On 13/5/1986 this occurrence allegedly took place. It is said that Saroj Kumar Gupta caught hold of Smt. Kusum by her hair, sprinkled kerosene oil with a Kuppi and set her on fire. The lady rushed and was entangled in some bushes and fell down in a depression in front of her room She was burning badly. Witnesses Smt. Prem. Bai (PW 1) and Nannoo Lal (PW 2), who are close neighbours, came on the spot and at the bidding of Nannoo Lal, Saroj Kumar Gupta took the deceased to district Hospital, Lalitpur. Dr. N.M. Saxena (PW 3) was on emergency duty and he admitted Smt. Kusum in the emergency Ward at 9.30 A.M. and noted the injuries in Ext. Ka. He sent a memo through Santosh Kumar Ward-boy (PW 5) vide Ext. Ka. 3 to the Station House Officer, Kotwali Lalitpur, at 9.45 A.M. informing the police about the admission of the lady with burns. Upon this, Sri Anand Mohan Pathak (PW 9) Sub Inspector was deputed to proceed to the District Hospital and carry out preliminary inquiry and submit a report. Sri Pathak: made inquiry from the victim and submitted his report to the Station House Officer the same day, vide paper No.7 of the Paper Book. On the basis of this preliminary inquiry report a case was registered in the General Diary of the police at No. 31 at 12.30 P.M. at the direction of the Station House Officer concerned and the investigation was entrusted to Sri Anand Mohan Pathak (PW 9). Meanwhile, on an information having been communicated by the Hospital authorities, the Executive Magistrate Mr. Uma Vilas Awasthy reached the District Hospital. Lalitpur, and between 10.35 and 11 A M. he took down a dying declaration of Smt. Kusum. It is Ext. Ka.2.A.

(3.) Dr. N.M. Saxena, who had admitted Smt. Kusum, referred her case for treatment to Dr. R.K. Agrawal (PW 7). Dr. Agrawal vide entries on the bed bead ticket treated this lady, found 2 to 4 degree burns on her person and advised blood transfusion as well as shifting of the injured to Medical College at Jhansi for better treatment. It appears that this lady suddenly disappeared from the Hospital at about 4 P.M. on 13/5/1986 and there is nothing on record except the statement of her son Rao Raja (PW 4) and the statement of Smt. Prem. Bai to show that she remained in Jhansi for some time there is however, nothing to show that she was admitted in Medical College Jhansi for treatment there. Ultimately on 28/5/1986 at about 12.15 P.M. Smt. Kusum again came to the District Hospital, Lalitpur and was readmitted and inspite of treatment given to her she ultimately died on 9/6/1986 at 2.30 A.M. The postmortem on the dead body was conducted by Dr. R.K Agrawal (PW 7). The post-mortem. examination report is Exi. Ka. 15. It may be mentioned that according to the injury reported prepared by Dr. N.M. Saxena at the time of first admission of Smt. Kusum vide injury report Ext. Ka. 1, she was having burns on face, neck, chest, back shoulder, front of back of both the arms, both thighs and her hairs were found signing. There was smell of kerosene oil present on her clothes. According to the postnlortem examination report Ext. Ka. 15 she had the following ante-mortem injuries: 1. 2 to 4 degree burn over face both sides of cheeks having epithelisation with infected ulcer on the chin. 2. 1 to 4 degree burn over neck (front and back) with formation of scar. 3. 2 to 4 degree burn on front and back of the chest and front of abnomen, superficial layer of skin peeled off. At places, Scars were present with Puspackets and underneath. 4. 2 to 4 degree burn over left arm with infected crust formation. 5. 2 to 4 degree burn over right arm sparing posterior aspect. Scar formation was present at places. Ulcer had formed and there was crust formation. 6. 2 to 4 degree burn over anterior lateral and medial side on both thighs with scar There was also ulcer and infected crust formation According to Dr. R.K. Agrawal, who was assisted by Dr. M.K. Joshi in the postmortem. examination death was due to shock as a result of ante-mortem. burn injuries.