Hon’ble Om Prakash-VII, J.—Present reference under Section 366 Cr.P.C. and Capital Case (Appeal) under Section 374 (2) Cr.P.C. have arisen assailing judgment and order dated 18.5.2018 passed by Additional Sessions Judge/Special Judge, E.C. Act, Jaunpur in Session Trial No. 384 of 2012 (State of U.P. v. Manoj Kumar), under Section 302 I.P.C., Police Station Baksha, District Jaunpur convicting and sentencing accused appellant for the offence under Section 302 IPC with death punishment and with a fine of Rs. 20,000/- and in the event of non payment of fine he has to go undergo two years’ rigorous imprisonment.

2. Prosecution story in nutshell, as mentioned in the written report (Ext. Ka-1), are as follows:

3. On 3.10.2012, written report (Ext. Ka-1), was moved before the Superintendent of Police, Jaunpur by P.W.-1 Samarjeet, brother of deceased, mentioning therein that his sister Sushma Devi, deceased, aged about 26 years, was married on 10.5.2002 with accused appellant Manoj Kumar, resident of village Sarauli, Police Station Baksha, district Jaunpur. Manoj Kumar used to harass deceased and always asked for Motor Cycle in dowry. He also demanded additional dowry from deceased and used to beat her. Deceased, constantly complained this fact to the Informant and other family members but they persuaded her to stay there. Out of the aforesaid wedlock two daughters namely Madhu, aged about six years and Sandhya, aged about three years were also born. Accused appellant was habitual offender. He used to sell illegal arms and was convicted for that act for six months imprisonment. It is also mentioned that he was released before two months of the said incident. Deceased also advised accused appellant to leave illegal activities and earn livelihood by doing some job but accused appellant was causing cruelty to the deceased repeatedly.

4. In the intervening night of 26/27.9.2012 accused appellant Manoj Kumar, husband of deceased, after pouring kerosene over her body set ablaze her. When deceased came out from the room in burning condition her daughters Madhu and Sandhya also witnessed the incident. Mother of accused appellant and other family members blowout the fire. In the morning they informed the First Informant that his sister has got burnt and is on her death bed. Informant informed other relatives and reached the place of occurrence. Deceased was found in injured condition and she narrated all the facts to Informant. Thereafter she was taken to Police Outpost Dhania Mau and then to Primary Health Centre, Baksha. Information was also given to Police Station Baksha. On the advise of Doctor concerned Sushma Devi was taken to District Hospital, Jaunpur where she was admitted for treatment. It is also mentioned that no action was taken by police concerned and deceased was under treatment in precarious condition till lodging of First Information Report (FIR). Thus prayer was made to take legal action after lodging FIR against accused appellant.

5. On the basis of written report chik FIR (Ext. Ka-2) No. 105 of 2012 at crime No. 784 of 2012, under Section 498-A/326 IPC, Police Station Baksha, district Jaunpur was registered on 4.10.2012 at 14.20 hrs. on the basis of order passed by Superintendent of Police, Jaunpur against the accused appellant. G.D. entry was also made on the same day mentioning all details, as has been disclosed in Ext. Ka-2, which is on record.

6. Prosecution case is that when deceased was admitted for treatment on 27.9.2012 at 10.10 a.m. Doctor concerned medically examined her and prepared injury report (photo copy is on record) and endorsed following facts therein :

“1.There are burn injuries. Ist to IIIrd degree over anterior neck, below chin of mendible. Chest B/L. Abdomen, both lower limbs, both upper limbs except head, posterior neck, B/L foot and sole. G.C. poor. Pulse 110/minute. B/P 100/70. Line of redness, blister, shringing of hair. Burn is about 90%.

Opinion - All burn injuries caused by fire flame bu