LAXMAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment order dated 17th of August, 1996 passed by the 2nd Assistant Sessions Judge, Nawadah in Sessions Trial No. 7 of 1994/272 of 1994 whereby and where under the trial Court convicted the appellant under Secs. 324 and 342/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced him to undergo imprisonment for the period already undergone by him under Sec. 324, I.P.C. but no separate sentence was passed against him under Sec. 342, I.P.C. The appellant was charged and tried in the Court below for the offence punishable under Secs. 307/34 and 342/34, I.P.C. but the trial Court acquitted him under Sec. 307/34, I.P.C. and instead convicted him under Sec. 324, I.P.C. as indicated above.

(2.) THE prosecution case in brief is that on 10.4.1994 the informant Sushma Devi (PW -10) gave a fardbeyan before the ASI Umakant Roy (PW -9) of Warsaliganj PS at 7.30 a.m. alleging therein that she Was married with accused -appellant Laxman Prasad and was living with him as husband and wife since about one and half months. She further alleged that on 8.4.1994 her husband Laxman Prasad asked her why she used to peep outside which it is further case of the informant that in the night at about 10.00 p.m. she was sleeping in her room. Her husband Laxman Prasad along with his mother Batash Devi came inside her room and sprinkled kerosene oil on her body and set her on fire. She raised alarm and out of agony of pain she jumped inside a well. She herself came out from the well. Thereafter, both the accused confirmed her in a room and did not allow her to see any one. On 10.4.1994, the accused brought her out and wanted to murder her She raised alarm, on which the neighbours arrived and rescued her. The villagers also assaulted accused Laxman Prasad with fist and slap. She was brought on the road with the help of the villagers and in the meantime, police party arrived and her fardbeyan was recorded and the case was registered. She was sent for medical examination. During the investigation the police made seizure of some of the articles from the house of the accused and after completing investigation submitted charge -sheet. After commitment, the trial proceeded in the Court below.

(3.) THE case of the defence is that no occurrence as alleged took place. Accused Laxman Prasad was in service at Barauni on the date of occurrence. After receipt of the information that his wife has sustained burn injury, he came to his house and found burn injury on her person. He has been falsely implicated in this case.