'Wife Was Murdered Only Because She Strongly Protested Against Their Illicit Relation': Allahabad HC Upholds Conviction Of Husband, His Lover

The Allahabad High Court recently upheld the conviction and sentence of life imprisonment awarded by the trial court to a man, and his lover, who killed his wife after setting her ablaze in 2011 merely because she was a strong protester of their illicit relationship. “This version of P.W.-3 that the accused-appellants, namely, Jaikishan @ Bablu and Anita used to have illicit relations, which the deceased used to object and due to which the accused-appellant Jaikishan used to beat and torture the deceased and ultimately, in the night of the incident, both the accused-appellants killed her by pouring kerosene oil on her and setting her on fire, has been fully supported by the testimony of P.W.1 and P.W.-2 and the version as unfolded in the FIR, even though the P.W.-1 and P.W.-2 are hear say witnesses but they are consistent from the very beginning and till the recording of their statements before the trial court,” the Court concluded in its operative part of the Judgment. The Court noted that the trial court had rightly recorded that according to P.W.-6 Dr Jitendra Kumar Autopsy Surgeon, the deceased was burnt up to 70% and that the deceased was burnt due to kerosene oil being poured on her and being set on fire and that there was no such reliable evidence or proof available on record to suggest that the deceased committed suicide. P.W.-3, but when both the statements are read together carefully, it will be definitely cropped up that the accused-appellants, namely, Jaikishan @ Bablu and Anita used to have illicit relations, which the deceased used to object and due to which the accused-appellant Jaikishan used to beat and torture her and ultimately, in the night of the incident, both the accused-appellants killed her by pouring kerosene oil on her and setting her on fire.” In this regard, the Court noted that no child in this country, who loves his mother and father most, will be ready to make allegations against his mother or father at the behest of his maternal grandfather or maternal uncle until he feels that wrong is done by his father with his mother or by his mother with his father. Appearances Counsels for Appellants: DS Pandey, Gajendra Kumar Gautam, KK Srivastava, Mohammad Arshad Khan, Saurabh Gour, RV Pandey, Sanjay Kumar Yadav, Vikash Chandra Tiwari Counsels for Respondent: Govt Advocate NK Sharma, Sunil Kumar Dubey Case title - Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw 168 Case citation: 2023 LiveLaw 168 Click Here To Read/Download Judgment