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Showing contexts for: Superfast in Harikirtan @ Superfast vs State Of U.P. on 14 February, 2014Matching Fragments
Hon'ble Anil Kumar Agarwal,J.
(Delivered by Hon'ble A.K. Agarwal, J.) This criminal capital appeal has been preferred on behalf of appellant against the judgment and order dated 7.8.2012, passed by Session Judge, Siddharthnagar in Session Trial No.255 of 2010, whereby the appellant Harikirtan @ Superfast has been convicted under section 302 I.P.C. and sentenced with death and to pay fine of Rs.25,00/- and he is further convicted and sentenced under section 506 I.P.C. with one year rigorous imprisonment and fine of Rs.1000/- and in default to undergo rigorous imprisonment for a period of three months.
3. The prosecution story as unfolded by witness PW-5 Smt. Kausi, mother of deceased Smt. Taramati, in her written report (Exhibit Ka-3) is that she is resident of Village Netahawa, P.S. Kotwali Bassi, District Siddharthnagar. Her daughter Smt. Taramati was married with Harikirtan @ Superfast Kevat, S/o Azorai, R/o Gohanatal (West), P.S. Golhara about 8-9 years ago, who had no son therefore her daughter lived along with her husband in a hut near her (Complainant) hut /house. Her son-in-law Harikirtan @ Superfast had a habit of committing crimes and came out from jail before two or three days earlier. On the previous night at about 11-12 P.M. on hearing the screaming voice of her daughter and daughter's daughter Km. Kalpana she and her another daughter Smt. Subhawati came out from their houses and in apprehension that some untoward event may have happened reached near the hut of her daughter Smt. Taramati and saw that Harikirtan @ Superfast has tied both legs of her daughter Taramati and after pouring kerosene oil had set fire to Taramati who was burnt completely. The tongue of her daughter was protrudant from the mouth from which it appeared that before setting fire her neck was pressed inside the hut. Both tried to save her daughter Taramati but could not save her and she died on the spot due to extensive burn injuries. Harikirtan @ Superfast had given a threat to kill her and her other daughter so that they could not catch him and they kept silent. Some co-villagers also came there on hearing the noise who saw Harikirtan @ Superfast in a running condition after causing the incident. Harikirtan @ Superfast was demanding money from her daughter Smt. Taramati for spending money on his bail and this was the reason for the dispute between both of them. The corpse of her daughter was lying outside the hut / house. She came to the P.S. to inform and to pray for necessary action.
21. In this case in order to prove the manner of assault and complicity in the crime by the accused appellant beyond shadow of doubt, the prosecution had produced three eyewitnesses namely PW1 Subhawati, PW2 Kalpana and PW5 Smt. Kausi, who claim to be eyewitnesses of the occurrence. Smt. Kausi PW-5 is the informant and mother of the deceased Taramati as well as mother-in-law of the accused appellant Harikirtan @ Superfast. She is a natural and probable witness of the occurrence and has given a consistent and convincing reason about her presence at the spot. She deposed in her statement that her hut was situated near the hut of her deceased daughter Smt. Taramati, which is at a distance of about 10 paces towards the west direction. At the time of incident she was present in her hut at village Nethawa and in the night between 10.30 to 11.00 P.M. She heard the voice of her Natin (daughter's daughter) Km. Kalpana and reached near the place of occurrence where Km. Kalpana was present and saw that her son-in-law Harikirtan @ Superfast had pulled her daughter Smt. Taramati from the hut and tied her legs and thereafter poured kerosene oil and set fire on her daughter, due to which her daughter was completely burnt and died on the spot beneath the mango tree and near the government hand pump, which was at a distance of about 25-30 paces in the north direction from her deceased daughter's hut. At the time of death her other daughter Smt. Subhawati also reached there shouting from her hut and some co-villagers also came there, who saw the incident. On the next morning at about 10-11 A.M. she got scribed a report Ext. Ka 3 of this incident from Sri K. K. Tripathi and lodged it at Police Station Kotwali Bassi, District Siddharth Nagar.
64. The appellant is in jail and he shall serve out the sentences accordingly in terms of the above. Reference made in this Court shall stand rejected.
65. Let a copy of this judgment be sent to the trial court with its reference no. 5 of 2012 in Sessions Trial No. 255 of 2010, Siddarthnagar vide letter dated 13.08.2012. Also a copy of this judgment be sent to the Superintendent of Jail concerned, where the convict Harikirtan @ Superfast is lodged.
Order Date :- 14.02.2014 SR CAPITAL CASE No. - 4268 of 2012 Harikirtan @ Superfast .... Appellant Vs. State Of U.P. ..... Respondent Hon'ble Amar Saran,J. Hon'ble Anil Kumar Agarwal,J.