UPDESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 9-3-1994 passed in Sessions Trial No. 352 of 1991 by XIIth Additional Sessions Judge, Patna convicting the appellant under S. 304-B of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentencing him to undergo R.I. for 10 years.

(2.) The brief fact of the case is that the informant Sushil Paswan in his fardbeyan dated 2-6-1990 stated that on the previous day i.e. 1st of June, 1990 after getting treatment of his daughter along with his wife had gone to the house of his father-in-law and after taking meal in the evening he went to sleep. At about 9-00 p.m. mother of accused Updesh Singh came to him and requested to rescue the victim wife of Updesh Singh saying that accused Updesh Singh was trying to kill her. The informant went to the court-yard of Updesh Singh and then entered inside the female apartment of the house. He saw Updesh Singh had already sprinkled kerosene oil on the body of his wife and lighted a match and threw it on his wife. The informant tried to put off the fire from the body of the victim lady but accused Updesh Singh caught hold of him and left the lady burning. The victim lady with fire on her body fled towards the house of one Ram Krishna Singh and in the way near a tree she fell down naked. Thereafter Deoprit Singh, brother of Updesh Singh put a Gendra over the body of victim lady. In the mid-night the burnt victim lady was brought to village Lakhana for treatment but in the morning of 2-6-1990 the infornant saw her dead, her body was brought to the house of the accused. When the body was taken out by the accused and others for cremation the police arrived and case under S. 302 of the IPC was registered. After investigation charge-sheet was submitted under Ss. 302, 201, 511, 506, 498-A and 109 of the IPC. After commitment the trial proceeded in the Court below. Before the Court below four accused persons including the appellant were tried under Ss. 304-B, 304-B/109, 498-A and 201 of the IPC but other three accused persons, except the appellant were not found guilty and hence acquitted.

(3.) The case of the defence is that the lady died due to accidental fire while preparing meal. She was treated at the hands of the accused and his family members. The allegation that she was burnt to death for dowry is false and concocted.