YOGESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS jail appeal has been preferred by the appellant assailing the judgement and order dated 8.8.2008 passed by Additional Sessions Judge, Fast Track Court No. 3 Mainpuri in S.T. No. 74 of 2003 whereby the appellant has been convicted under section 436 I.P.C. and sentenced to rigorous imprisonment for 10 years and a fine of Rs. 1000/- and in default of payment of fine one month's further imprisonment and further convicted under section 302 I.P.C. and sentenced to death.

(2.) THE F.I.R in the instant case is authored by Shivdan Singh Jatav. A brief resume of necessary facts constituting prosecution case is that on 21.11.2002 at about 1 a.m, the informant Shivdan Singh Jatav R/o Mohalla, New Agarwal Jhapatti, Mainpuri telephonically informed the police that he had heard shrieks coming from the house of Yogesh Kumar and on rushing out, they found that the house had caught fire and seeing it ablaze, people mostly neighbours rushed to the spot and made all out efforts to get the doors of the room opened and when Yogesh Kumar lastly opened the door, it presented a ghastly sight inasmuch as they saw that three sons of Yogesh Kumar, Shishupal aged about 14 years, Lalla aged about 4 years and a Child of five months had been charred to death while Yogesh Kumar, his wife Rani and two daughters Km. Savita and Suman were badly burnt and had suffered serious burn injuries. After receiving the information on telephone at 1 a.m. S.H.O. along with S.S.I. and other police constables reached the place of occurrence where they were apprised that during the occurrence, wife and children of Yogesh Kumar had made a vain attempt to rush out ablaze but Yogesh Kumar had pushed them back into the fire and in the course of this occurrence, Yogesh had also received burn injuries. The story further goes that in the intervening night of 20/21.11.2002, Yogesh Kumar had confined his wife, sons and daughters in the room where he collected cloths and poured kerosene thereon and thereafter set them afire. The injured were rushed to the Sadar Hospital and police personnel were also deployed at hospital. On 21.11.2003 in the morning, Smt. Rani and km. Suman succumbed to their injuries. On 23.11.2002 Km. Savita also breathed her last in the Hospital. The statement of Smt. Rani was recorded by the Magistrate. The inquest on the dead bodies of Shishu Pal, Bare Lalla and Chote Lalla were prepared by R.C. Upadhyay and Shri Ramesh Chand Sharma had prepared the inquest on the dead bodies of Smt. Rani and Km. Suman and Vishwanath Pandey prepared inquest on the dead body of Km. Savita.

(3.) IN his opinion cause of death of the deceased was due to shock as a result of ante mortem burn.