AJAY SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant who happened to be the husband of the informant P.W.4 Rita Devi appeals against the judgment dated 27.4.2007 passed by Fast Track Court No. 4, Araria in Sessions Trial 168 of 2005 by which he was held guilty of committing offences under Sections 324 and 307 Indian Penal Code and was directed by the order of sentence dated 30.04.2007 to suffer rigorous imprisonment for two years and ten years as also to pay a fine of Rs. 5,000/-, else, to suffer simple imprisonment for two months for his conviction on the above two counts.

(2.) The fardbeyan of P.W.4 Rita Devi(Ext-1) is the basis of the prosecution case which was recorded in the female ward of Sadar Hospital, Araria where P.W.4 was admitted for treatment of her burn injuries. She stated that on 16.03.2004, after having taken her meals at 7 A.M., she had gone to Mahila Kalayan Parishad for carrying out her sewing work. She came back at about 2 P.M. when the Appellant also came there and asked for Rs. 40 which he had given to her. P.W.4 stated to the Appellant that the amount had been spent, but at the same time on account of being fearful that the Appellant may assault her, she paid up Rs. 15 to him. It is stated that the Appellant went out and drank country-made-liquor to come back to his house. He started assaulting the lady and during that course poured kerosene oil from the lantern kept in the house and put the lady at fire by lighting a matchstick as a result of which the whole body of the lady caught fire. The Appellant locked the door and ran away from there. The lady stated that she was struggling to get out of the flames and she was brought to the hospital by a rickshaw puller.

(3.) Case was instituted on the basis of Ext-1 and same was investigated into by P.W.5 S.I. Krishna Baitha who issued the injury report Ext-2 for obtaining the certificate in respect of the injuries found on the person of P.W.4 and thereafter went to inspect the place of occurrence. He recorded the further statement of the informant of other witnesses and sent up the trial which ended in the impugned judgment.