The judgment established the distinction between culpable homicide and murder under the IPC, and applied recent legal principles allowing for reduced incarceration periods for similar offenses.

JUDGMENT :

Nalin Kumar Srivastava, J.

1. This Criminal Appeal has been directed against the judgment and order dated 15.7.2015 passed by the Additional Sessions Judge, Fast Track Court, Pilibhit in Sessions Trial No. 435 of 2013 (Case Crime No. 362 of 2013), P.S. Kotwali Pilibhit, District Pilibhit convicting and sentencing the appellant under Section 302 I.P.C. for life imprisonment and a fine of Rs.10,000/-, under Section 354-ka IPC for three years rigorous imprisonment and a fine of Rs.5,000/- and under Section 354-gha IPC for three years rigorous imprisonment and a fine of Rs.5,000/- with stipulation of default clause. All the sentences were directed to run concurrently.

2. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Zahid Khan son of Shri Puttan, resident of Veni Chaudhary, Police Station Kotwali Sadar, Pilibhit, at Police Station Kotwali Sadar, District Pilibhit with the averments that Munna, Adnan son of Dilshel Khan and Amar son of Mohd. Umar used to tease her daughter Hima by passing comments which was complained to their guardians but they did not stop their activities. On 20.5.2013, at about 8.00 p.m. when his daughter was returning from the house of her Bua in front of the gate of the house, the aforesaid Munna and others gave mobile to Hima and asked her to call to them with the said mobile but Hima did not accept the mobile, due to which being angry they tried to drag her. Angreed with Hima's protest, the aforesaid Munna and others sprinkled kerosene on her and set her ablaze. Hearing her cry, Shahid, son of the informant and Gudia, wife of Afaq and the local residents reached there and on their exhortation, the aforesaid Munna and others ran away. Information about the incident was given at Police Station Kotwali at 9.30 p.m. and the injured was hospitalized in District Hospital, Pilibhit where her dying declaration (Ext. ka-11) was recorded by the Nayab Tehsildar, Pilibhit. He also took her thumb impression over the same. Victim was conscious at the time of statement.

3. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-2) was registered at Police Station concerned on 20.5.2013 at 9.30 p.m. against Munna, Adnan and Amar at case crime no. 362 of 2013 under Sections 354-ka and 354-gha and 307 IPC.

4. Investigation of the case proceeded. During course of investigation, the Investigating Officer recorded the statement of witnesses, prepared site plan, inquest report was prepared and post mortem was performed. During the course of instigation, the victim died. After making thorough investigation, charge sheet was submitted against the accused. Concerned Magistrate took cognizance on the charge sheet. On 19.7.2013 and 13.9.2013 respectively accused Adnan and Amar were declared juvenile in conflict with law and their files were separated and sent to Juvenile Justice Board. The learned Magistrate summoned the accused Munna and committed the case to Court of Sessions, as prima facie charges were for the sessions triable offences.

5. The charges framed were under Sections 354-ka, 354-gha, 307 IPC read with Section 34 IPC and 302 IPC read with Section 34 IPC. The accused-person pleaded not guilty and wanted to be tried. Trial started and in support of its case, prosecution examined 10 witnesses, who are as follows :