ARVIND BAJPAI Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant stood for trial in Sessions Trial No. 762 of 2012 (State v. Arvind Bajpai, Crime No. 464 of 2012), under Section 302, Police Station Barra, district Kanpur Nagar, pending in the Court of Additional District and Sessions Judge, Court No.6, Kanpur Nagar and came to be decided by the said Court vide judgment and order dated 09.04.2015 convicting and sentencing him under Section 302 IPC to undergo imprisonment for life and fine of Rs. 5,000/-. Appellant sought interference of this Court by filing this Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story, in brief, is that PW-1 Vishal Bajpai, submitted a written Tehrir Ex. Ka-1 getting it scribed by PW-2 in the Police Station Barrar stating that his mother Smt. Aneeta Bajpai was present in the house at 8:00 a.m. on the fateful day i.e. 25.05.2012. Accused (his father) came there and set her at fire by pouring kerosene oil on her. PW-1 and 2 went to take water at that time. When they came back to house, came to know that accused (father) set victim at fire. Accused started to abuse PW-1 and 2 also. Ex.Ka-1 further recites that incident was witnessed by Vinod Tiwari and Kalka Prasad (both unexamined), residents of same vicinity. Victim was taken to hospital, where she was admitted for medical treatment.

(3.) On the basis of written Tehrir, chick First Information Report (herein after referred to as 'FIR') was registered by Head Constable clerk, Arvind Kumar, PW-4, as Case Crime No. 464 of 2012 under Sections 307, 323, 504 IPC against accused-appellant and entry of case was made by him in General Diary, copy whereof is Ex. Ka-4. During course of treatment, victim Smt. Aneeta Bajpai succumbed to burn injuries on 07.06.2012.