NASRULLAH Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. has been filed by accused-appellant, Nasrullah through Superintendent of Jail, Maharajganj against judgment and order dated 21.03.2014, passed by Sri Devendra Singh, Additional Sessions Judge, Court No. 4, Maharajganj, in Sessions Trial No. 122 of 2008 relating to Case Crime No. 556 of 2008, P.S. Kothibhar, District Maharajganj, whereby accused-appellant has been convicted under Sections 302 and 436 IPC. Under Section 302 IPC, he has been sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000/- and in the event of default in payment of fine, he has to further undergo six months imprisonment. Under Section 436 IPC, he has been sentenced to undergo Rigorous imprisonment for life. Both sentences are directed to run concurrently.

(2.) Factual matrix of the case as evident from First Information Report (hereinafter referred to as "FIR") as well as material available on record is as follows.

(3.) A written report, Ex.Ka-1 dated 27.05.2008 (wrongly Exhibited as Ka-4 since actual Ex.Ka-4 is site plan as proved by Investigating Officer and Ex.Ka-1 is Chik FIR) was submitted in Police Station Kothibhar, District Maharajganj by Informant, PW-1, Mairunisha, alleging that in the night of 25.04.2008, Informant's husband Nizamuddin after taking meals was sleeping inside mosquito net on a cot in the hut. Accused-appellant Nasurullah, son of Mohram had set ablaze aforesaid cottage on account of some enmity. As a result thereof, mosquito net and bed also caught fire alongwith cottage. Informant's husband while burning, had been crying and trying to wriggle out. Informant as well as many neighbours tried to extinguish fire but cottage turned into ashes and Informant's husband sustained serious burn injuries. Incident had occurred at about 11:00 PM. PW-1 Informant Mairunisha, PW-2 Fariyad, PW-3 Shahab Ali and other neighbours had witnessed the accused-appellant Nasrullah fleeing away from the spot after setting thatched house afire. With the help of family members and neighbours, Informant took her husband to Medical College, Gorakhpur where his treatment continued but due to severe burn injuries, he died on 27.04.2008 at about 03:00 PM in Medical College. Postmortem over the dead body of Nizamuddin was conducted on 27.04.2008 and, thereafter, as per prevailing customs and rites, he was burried. Incident has seriously moved and affected Informant and her sons. She prayed for lodging of First Informant Report (hereinafter referred to as "FIR") and investigation of the case.