JUDGMENT :

Umesh Chandra Sharma, J.

1. Heard Sri P.K. Singh, learned counsel for the appellant, Sri Vikas Goswami, learned AGA for the State and perused the record.

2. This appeal has been preferred against the impunged judgment and order dated 11.03.2010 passed by Special Judge (SC/ST Act), Kanpur Nagar, in Sessions Trial No.1210 of 2006 (State Vs. Maya Verma and another) arising out of Case Crime No.226 of 2006, under Sections 302, 506 IPC and Section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act'), Police Station Barra, District Kanpur Nagar by which the appellant has been convicted and sentenced for life imprisonment under Section 302 IPC alongwith fine of Rs.1,00,000/-and in default of payment of fine to undergo rigorous imprisonment for one year and further to undergo rigorous imprisonment for one year under Section 506 IPC.

3. By the same judgment co-accused Maya Verma was also convicted and sentenced similarly but during her incarceration, she was granted remission by the State Government and was set free. On account of that, the Division Bench disposed of her appeal i.e. Criminal Appeal No.2318 of 2010 (Smt. Maya Verma Vs. State of UP) on 23.03.2023.

4. The appellant-Gajendra Singh has taken ground that the conviction is against the weight of evidence on record; the incident occurred accidentally; proper information was made to the authorities; fire brigade was informed on intervening night of 07/08.01.2006 at 01:15 a.m. and the witness has also stated that in the night hearing the hue and cry, he went to the spot and extinguished fire; the son, daughters and house-holdings were taken out from the house and the place of occurrence, therefore, the appeal be allowed and the impugned judgment be set aside.

5. In brief, facts of the case are that the informant, Kumari Rama Verma, daughter of the deceased Ravindra Kumar Verma, moved a written complaint stating that her father who was posted as Bank Manager at Bank of Baroda, Chaure Bazar, District Faizabad, generally used to come home on Saturday evening and in his absence neighbour Gajendra Singh Chauhan used to often visit her house. In spite being forbidden by her father, her mother used to meet Gajendra Singh. On 07.01.2006 her father came to house, her mother served the dinner all by herself. As soon as her father had the dinner, he fell unconscious. The remaining dinner was consumed by her younger brother who thereafter also fell unconscious. On the same night at around 12:00 p.m. someone knocked the door, her mother opened the door and Gajendra Singh entered in the house. Both of them after conversation and hatching a conspiracy in order to remove the obstacle in their way, put some inflammable substance in the room where her father was sleeping. Everything started burning in the house. Gajendra Singh Chauhan and her mother threatened her that if she tells anyone about this incident, they would also face the same consequence. Her father died on the spot and Gejendra Singh fled away.

6. The informant further stated that she came down after saving the lives of her younger brother and sister. In such a situation, she could not tell the truth to the people. In the morning postmortem of the dead body of her father was conducted. They are three siblings. She is the elder sister. Her younger brother Prashant Verma was aged about 16 years and younger sister Harshita Verma was aged about 14 years. As a result of this her mother married Gajendra Singh Chauhan and they lived together. They have been left helpless for about five months and they often kept wandering here and there. Now her mother's intention is to grab the money and house of her father and attempts were being made to kill them also. Gajendra Singh Chauhan and her mother had conspired and killed her father.

7. On 24.07.2006, the FIR was somehow lodged at Cr