BANWARI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 30.11.2009 passed by the Additional Sessions Judge, FTC No.1, Mathura in Sessions Trial No.103 of 1994 (State Vs. Banwari Lal), convicting the appellant under Sections 304-B and 498-A of IPC and sentencing him to undergo imprisonment for life and to undergo one year Rigorous Imprisonment, with a fine of Rs.1000/-, in default thereof, two months imprisonment, with a direction that both the sentences shall run concurrently.

(2.) In the present case, name of the deceased is Chameli Devi, wife of accused-appellant Banwari Lal. Their marriage was solemnized about eight months prior to the date of incident i.e. 28.10.1991. It is said that on 28.10.1991, there was some hot talk between appellant and the deceased, appellant poured kerosene oil on Chameli Devi and set her ablazed. Injured was taken to Methodist Hospital, Jaisinghpura, Mathura, where she was medically examined, vide Ex.Ka.7, on 25.10.1991 and 60% burn injuries were noticed on her body. At Mathura dying declaration of Chameli Devi was recorded on 3.11.1991 by R.S.Bhatngar (PW-10), Sub Divisional Magistrate, wherein she has stated as to the manner in which she was burnt by the appellant. Considering serious condition of Chameli, her parents took her to Delhi and hospitalized her at Guru Teg Bahadur Hospital, Shahdara, New Delhi, where she succumbed to burn injuries on 4.11.1991. In the meanwhile, on 3.11.1991, on the basis of report, Ex.Ka.1, made by Saudan Singh (PW-2), father of the deceased, FIR, Ex.Ka.9 was registered on 3.11.1991 against the appellant under Sections 498-A and 307 of IPC.

(3.) Postmortem on the dead body was conducted on 5.11.1991, vide Ex.Ka.4, by Dr. R.K. Barua (PW-7). As per Autopsy Surgeon, following injuries were found on the body of the deceased:-