ARVIND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal in question tell the tale of a young girl dying out of burn injuries. Whereas the learned Sessions Judge convicted each of the accused being the husband, the father-in-law, the mother-in-law and the brother-in-law under Section 304-B of the Indian Penal Code and 498A/34 together with 120B of the Indian Penal Code and sentenced each of them to undergo imprisonment for life under 304B, IPC and a further sentence of 3 years to each of the accused for an offence under 498A, I.P.C. and in view of the sentences passed, no need was felt to pass any sentence under Section 120B, IPC. The appeal taken to the High Court stands allowed so far as the appellants Nos. 1, 2 and 4 are concerned upon taking into consideration of the facts under Section 304-B read with Section 34 of the Indian Penal Code as also under Section 120B of the Code though, however, the conviction under Section 498A read with Section 34 of the Code was confirmed, Arvind Singh, the husband was however, found guilty for murder of the wife Minta Devi and his conviction under Section 304 B was converted to Section 302, IPC and was sentenced to undergo imprisonment for life besides maintaining the conviction under Section 498A, IPC. It is this conviction and sentence which stands challenged in this appeal.

(2.) Before adverting to the contentions as raised by the appellant the case of the prosecution can be briefly stated to be as below : On the basis of the fardbeyan of the informant Phulamati the mother of the deceased, that the appellant along with other members of the family on the night of 6/7 March, 1991 had set her daughter on fire and on having such information the informant along with PWs 3, 4 and 7 reached the Muhalla and found that the daughter was lying injured due to burn injuries. The First Information Report recorded that the daughter of the informant disclosed that her husband, father-in-law, mother-in-law and other family members forcibly poured kerosene oil on her body and lighted, on account of which her entire body was burnt. The FIR discloses that all the persuasionsfor removal to a hospital by reason of the severe burn injuries were negatived by the in-laws and having failed to persuade the in-laws, the parents family themselvs wanted to take her back to the hospital but the attempt was not successful since the deceased succumbed to her injuries.

(3.) Incidently, it may be noted that two specific cases have been made out in the FIR, firstly, the girl was ugly looking (though some of the witnesses have stated that she has been a really good looking girl) and secondly this is a case of bribe torture and demand of dowry to the extent of Rs. 10,000 and a gold ring and since demands could not be fulfilled the accused persons conspired together and committed the offence which has resulted in the death of the girl.