SITA @ SATISH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 10.02.1984 passed by Additional Sessions Judge, Ballia in Sessions Trial No. 164 of 1982 (State Vs. Sita @ Satish and Others), convicting accused-appellant no. 1 Sita @ Satish under Section 302 read with Section 201 of I.P.C. and sentencing him to undergo imprisonment for life and seven years rigorous imprisonment and convicting accused-appellant no. 2 Samarajia under Sections 302/34 of IPC and sentencing her to undergo imprisonment for life with a direction that all the sentences to run concurrently.

(2.) In the present case, name of deceased is Smt. Salavi, wife of accused-appellant no. 1 Sita @ Satish. Appellant no. 2 Samarajia is a mother-in-law of the deceased. Marriage of accused no. 1 was solemnized with the deceased about 20 years back and she died on 11.05.1980 at about 12.00 noon after suffering burn injuries. Postmortem of the deceased could not be conducted as she was cremated without there being any report to the police. On the basis of written report Ex.Ka-1 dated 14.05.1980, lodged by Jai Karan (PW-1), father of the deceased, after the intervention of Dy.S.P., on 04.08.1980, FIR Ex.Ka-7 was registered against the appellants and two other acquitted accused persons under Sections 302 and 201 of I.P.C. Further case of the prosecution is that immediately after the marriage, the appellant had deserted his wife for which, legal proceedings were initiated against him and ultimately compromise was arrived at between the appellant no. 1 Sita @ Satish and his wife Salavi and then the appellant no. 1 had taken her to his house. It is further said that at the time of death of the deceased, she was carrying pregnancy. In the Court, the prosecution has come up with a story that after being burnt, the deceased was taken out from the room and then she made oral dying declaration before Deo Saran Verma (PW-2), Hausala Devi (PW-3) and Badaruddin (PW-4) that she was burnt by the accused persons.

(3.) While framing charge, the trial Judge has framed charge against all the accused-appellants under Sections 302/34 and 201 of I.P.C.