STATE OF BIHAR Vs. RAMLU PANDIT

JUDGEMENT

(1.) The judgment of acquittal passed by Shri Pius Xess. the Then 1st Additional Sessions Judge, Dhanbad, dated 27th February, 1991, in Sessions trial No. 222 of 1989 against the respondents who were charged and tried under Sections 302/34 of the Indian Penal Code, 1860 has been challenged by the State of Bihar in this appeal.

(2.) The prosecution case in brief is that the deceased Dukhini Devi was originally hailing from Bhagalpur district but was staying at Galpharbari Nicheghora under Chirkunda Police Station within the district of Dhanbad. Her husband was not staying with her and she was staying with her minor son. The two accused-respondents were her neighbours. It was alleged that on 28.6.1988 in the night hours at about 7 p.m., while she was cooking food in her house, both the accused-respondents entered the house and tried to misbehave with her and when she protested, they assaulted her with fists and slaps and then put burning match-stick on her body, as a result of which, she sustained burnt injuries from head to stomach and also on her legs. By doing the mischief, the accused-respondents left the place. Thereafter, she ran to the shop of PW-1 (Deo Narayan Pandi) who happens to be her grand son by relation and told him about the incident including the names of the assailants. There on hearing her cries, PW-2 (Bigan Ram) PW-3 (Jagarnath Kumar), PW-4 (Arjun Pandit) etc., appeared and to them also, she narrated the incident as there were severe burnt injuries on her person. She was taken to Burn Standard Company from where she was referred to Burnpur Hospital at ISCO for her treatment. She made statement both before the Doctor who first saw her namely, PW-8 Dr. A.K. Dalai including the names of the assailants and then while she was under treatment, she gave her fardheyan to the police at Burn Ward of Burnpur Hospital and such fardbeyan had been made as Ext. 1. On the basis of that fardbeyan, a case was registered under Sections 307/324/354/448/34 of the Indian Penal Code, 1860 against the accused-respondents, but on the next day in the morning hours, she succumbed to her burnt injuries and then Section 302 of the Indian Penal Code was also added. During the course of investigation, inquest was held over the dead body of the deceased Dukhini Devi and then autopsy was also held and it was found that burnt injuries were the direct cause of her death. The accused-persons had been apprehended. From the house of the deceased, one half burnt Polyester Sari (Material Ext. 1), one half-burnt petticoat (Cotton) (Material Ext. II). one Cotton violet colour Blouse (Material Ext. III), some burnt hair (Material Ext. IV) and one burnt match-stick (Material Ext. V) were seized by the Investigating Officer and after closure of investigation, charge-sheet was submitted against the accused-respondents under Sections 302/34 of the Indian Penal Code, 1860. On being committed to Sessions, charge was framed vide order dated 29.7.1989 under Sections 302/34 of the Indian Penal Code, 1860 against both the accused-respondents and when the same was read over and explained to the accused-respondents, they pleaded not guilty.

(3.) For and on behalf of the prosecution, as many as 13 witnesses have been examined, out of them PW-1 (Deo Narayan Pandit), PW-2 (Bigan Ram), PW-3 (Jagarnath Kumhar) and PW-7 (Mahabir Hari) are the witnesses to whom the deceased Dukhini Devi soon after the occurrence reported about the occurrence including the names of the assailants. PW-4 (Arjun Pandit) and PW-5 (Nar Singh Pandit) are the witnesses of seizure of the half-burnt wearing apparels as mentioned above of the deceased from the house of the deceased soon after the occurrence. PW-8 (Dr. A.K. Dalai) and PW-9 (Dr. J.K. Lahiri) and PW-10 (Dr. R.K. Banerjee) are the Medical Officers posted at Burnpur Hospital. PW-10 had held autopsy over the dead body of the deceased. He found severe burnt injuries on the person of the deceased which were mentioned as 75% burnt. Viscera was also examined in the case. It was conclusively proved by the doctors that burnt injuries on the person of the deceased were thus cause of death of Dukhi Devi PW-12 (Swaraj Bhowmik) is the Sub-Inspector of Police who held inquest over the dead body of Dukhini Devi at the Hospital. PW-11 (Md. Nisar Ahmad) is the Investigating Officer of the case. PW-13 (Deo LalYadav) is a formal witness who proved formally the First Information Report PW-6 (Bhada Pandit) is the son of the deceased Dukhini Devi, who was about four years at the time of occurrence and five years the time of deposition. He gave vivid description about the occurrence himself. According to him, he was sitting in the house while his mother was cooking food and then the accused-respondents came up and started quarrel with her mother. In the midst of that they had poured kerosene oil on her person and then set her on fire.