JAWAHAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appellants feeling aggrieved against the judgment of the Ist Additional Sessions Judge, Samastipur, dated 30.9.1992 in Sessions Trial No. 107 of 1984/21 of 1989, have preferred this appeal. All these three appellants have been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution, as would appear from the fardbeyan of Lukhia Devi (deceased), wife of appellant No. 1 Jawahar Roy, as recorded in Samastipur Hospital on 20.8.1980, in short, is that about 5/6 years ago, she was married with appellant No. 1 and was residing with her in-laws in village Bhairokhara, P.S. Tajpur. It is alleged that about ten days prior to the fardbeyan, nearly about the sun-set appellant No. 1 (Jawahar Roy), father-in-law of the deceased, namely, Shivjee Roy (appellant No. 2), the Mamiya Sasur Baleshwar Roy and the mother-in-law Pabitri Devi (appellant No. 3) caught both the hands and legs of Lukhiya Devi (deceased) and thereafter, the husband of the victim appellant No. 1 poured acid on the body below the waist, causing burn injuries. Although the victim cried for help but nobody came for to her rescue from the village. In the next morning, all the accused-persons borrowed a tamtam and forcibly compelled her to go to the parent's house. The sister of appellant No. 1 also accompanied her up to the Bus-stand at Tajpur. When the victim ultimately boarded the bus, the sister of appellant No. 1 returned back to her village. Thereafter, the victim reached the house of her parents at Bikrampur. It is further alleged that thereafter on 20.8.1980, the victim was taken to the hospital for treatment and ultimately in the Hospital itself the present fardbeyan was recorded.

(3.) The police on the basis of the aforesaid statement, drawn up the First Information Report, marked as Ext. 2, under Sections 324 and 342 of the Indian Penal Code. But, during the investigation as the victim died on 1.9.1980, therefore, the charge-sheet was submitted under Sections 302/34 of the Indian Penal Code: Ultimately the Chief Judicial Magistrate having found a prima facie case, took cognizance of the offence and committed the case to the Court of Sessions, calling upon the accused-persons to face trial. It would further appear although charges against all the accused-persons were framed under Section 302 of the Indian Penal Code and in alternative under Section 326 of the Indian Penal Code, but they have been convicted only under Section 302 of the Indian Penal Code.