LAL MOHAR Vs. STATE OF U P

JUDGEMENT

(1.) Against judgment and order dated 04.02.2017 passed by Additional Sessions Judge, F.T.C.-2, Ballia in Sessions Trial No.242 of 2013, Crime No.125 of 2003, under Sections 326 and 304 IPC, Police Station Garwar, District Ballia, accused-appellant has preferred present jail appeal under Section 383 Cr.P.C. from Jail through Superintendent District Jail, Ballia. By impugned judgement, appellant has been convicted under Section 304 I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- and in default of payment of fine, three months imprisonment but acquitted under Section 326 I.P.C.

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

(3.) P.W.-1 Sri Ram submitted a written report Ex.Ka-1 in Police Station Garwar, District Ballia stating that on 10.8.2003 at about 8:30 PM, his daughter-in-law Smt. Vimla Devi with her daughter Gudia aged about one and half year was returning home from his Dera (a structure being built in the agricultural field to stay for short duration). As usual when she reached the place between Dera and home, accused Lal Mohar came with petrol and sprinkled petrol on both of them and set them on fire. Due to burn, his daughter-in-law started crying, then to rescue them, he (PW-1) and many persons of the village rushed there and took them to District Hospital, Ballia for medical treatment. Gudia succumbed to injuries whose post mortem was conducted on 11.8.2003 in Ballia. Later on Vimla Devi succumbed to death due to burn injuries.