IMPORTANT POINT
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.

JUDGMENT :

By the Court.-This appeal challenges the judgment and order dated 22.9.2018 passed by Ist Additional Sessions Judge, Jhansi, in Sessions Trial No. 240 of 2016 (State v. Mohd. Amir) in connection with Case Crime No. 586 of 2015, Police Station Sipri Bazar, District Jhansi convicting the appellant under Section 302 IPC for life imprisonment alongwith fine of Rs. 5,00,000/-, under Section 354 IPC for 3 years rigorous imprisonment along fine of Rs. 50,000/- and under Section 452 IPC for 3 yars rigorous imprisonment alongwith fine of Rs. 50,000/- and all the sentences shall run concurrently.

2. According to F.I.R., the applicant's daughter Km. Vinita Bajpai @ Doli, age - 24 years, used to live in Old Charliganj, Police Station - Sipri Bazar, Jhansi, District-Jhansi for the care of the applicant's late brother and bhabhi (brother's wife)'s son Abhilash Tiwari and daughter Km. Rinki, who is mentally challenged. The occurrence took place on 18.12.15 at around 11:30 a.m. Km. Vinita, daughter of the applicant, was alone at her Jhansi located residence. Taking advantage of the opportunity, Mohd. Amir s/o Mohd. Anees, resident of Sarai Mohalla, Police Station - Kotwali, Jhansi entered the room of the applicant's daughter and tried to commit rape on the applicant's daughter, against which act the applicant's daughter protested, and raised alarm; so fearing to be get apprehended, the said Mohammad Amir poured kerosene, kept in the house, on the applicant's daughter and set her on fire with the intention of killing her. While executing the said occurrence, Mohammad Amir also came into flames. Hearing the commotion, Vivek Tiwari, the grandson of the applicant, and many other people reached the spot, and took Km. Vinita to the Medical College, Jhansi. As her condition was critical, she, not being allowed to be admitted, was asked to be taken to Gwalior instead. The daughter of the informant was admitted to Ayushman Hospital, Gwalior and she was in moribund state.

3. On being summoned, the accused pleaded not guilty and wanted to be tried, hence, the trial started and the prosecution examined 10 witnesses who are as follows:

4. In support of ocular version following documents were filed:

5. At the end of the trial and after recording the statement of the accused under Section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge convicted the appellants as mentioned aforesaid.

6. Heard learned counsel for accused-appellant, learned A.G.A. for the State and perused the record.

7. It is the submission of appellant's Counsel that PW3- Vivek Tiwari stated on oath that the incident had occurred on 18.2.2015 at 11½ pm. He was inside the home at that time. He heard some screams, he came out of his house and saw that Amir was screaming. His hand and leg were engulfed in fire. He told Vivek that Doli @ Vineeta was in flames inside, save her. Public from the muhalla extinguished Vineeta's fire. Thereafter they took Vineeta to Medical College where the doctors after examination advised her to be taken to Gwalior. After returning from the hospital, he first went to his home to take the elders. From there, he made a telephone call to Vineeta's father who lived in Mahoba. He told me that he had already received the information and that he was coming directly to Gwalior. Vineeta is his Chacheri Bua (father's cousin)