NEERAJ MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both the criminal appeal and the revision arise out of impugned judgment and order dated 30.11.2009 passed by the Additional Sessions Judge, Court No.3, Kanpur Dehat in Sessions Trial No.114 of 2008 (State Vs. Neeraj Mishra and others), convicting the appellant Neeraj Mishra under Section 302 of IPC and sentencing him to undergo imprisonment for life, with a fine of Rs.50,000/-, in default thereof, two years imprisonment and acquitting accused Ramesh Mishra under Sections 302, 498-A of IPC and 3/4 of Dowry Prohibition Act, they are being disposed of by this common order.

(2.) In the present case, there are two deceased, namely, Smt. Shikha Mishra and Km. Abha (aged about five years), wife and daughter of accused appellant Neeraj Mishra. Marriage of deceased Smt. Shikha was solemnized with the appellant on 04.02.1999 and she died after sustaining 100% burn injury in her matrimonial house on 22.09.2007. According to prosecution case, deceased Smt. Shikha was subjected to cruelty for demand of dowry and the appellant Neeraj used to suspect her chastity, he had a doubt in his mind that second deceased Km. Abha was not his daughter and she may have born with some one else. On 22.09.2007, at about 2.00 PM, he committed murder of both the deceased after pouring kerosene oil on them and then setting them ablazed. On 22.09.2007 itself, at 5.10 PM, on the basis of written report Ex.Ka.1, FIR Ex.Ka.6 was lodged by Uma Shankar Dixit (PW-1), father of the deceased against appellant Neeraj Mishra, his father Ramesh Mishra (acquitted accused) and his mother Sushma Mishra, under Sections 498A and 304-B of IPC and 3/4 of Dowry Prohibition Act.

(3.) Inquest on the dead body of deceased Km. Abha was conducted on 22.09.2007, vide Ex.Ka.3 and the body was sent for postmortem, which was conducted on 23.09.2007, vide Ex.Ka.5, by Dr. Anoop Kumar (PW-5), whereas inquest on the dead body of deceased Smt. Shikha Mishra was conducted on 22.09.2007, vide Ex.Ka.4 and the body was sent for postmortem, which was conducted on 23.09.2007, vide Ex.Ka.12, by Dr. Ramesh Kumar (PW-8). As per Autopsy Surgeons, following injuries were found on the bodies of the deceased Smt. Shikha Mishra and Km. Abha:-