ALAMGIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the judgment dated 22.2.2007 and the order dated 24.2.2007 passed by learned Additional Sessions Judge, Fast Track Court No.3, Sitamarhi in Sessions Trial No.131 of 2000/121 of 2003 convicting the appellants for the offence punishable under section 304B read with section 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years.

(2.) The first information report was registered on the basis of Fardbeyan of the informant, namely, Baby Nashrin which was recorded on 28.8.1997 at about 1.30 p.m. at Sadar Hospital, Sitamarhi by Devendra Prasad Chaudhary (P.W.9), the Sub.Inspector of Police, Sitamarhi Police Station. The case was initially registered for the offence punishable under sections 498A and 307 read with section 34 of the Indian Penal Code. However, since the informant subsequently died, section 304B of the Indian Penal Code was also added.

(3.) The informant stated in her fardbeyan that her mother- in-law, sister-in-law and father-in-law used to torture her frequently for bringing Rs.25,000/- from her parents. Her husband brought her to her parental home about 15-20 days back and had taken her minor daughter with him. About 4-5 days back her husband came to her parental home and took her to matrimonial home where she was living. On 28.8.1997 at about 11 a.m. her mother-in-law (Rakima Khatoon), father-in-law (Mustafa Rahmani) and sister-in-law (Nazma Khatoon) asked her as to why she had not brought money from her father. Her mother-in-law, thereafter, poured Kerosene oil on her body and her father-in-law set her on fire with aid of match stick, as a result, thereof, she sustained severe burn injuries. She was taken to hospital for treatment by her father and people of the locality.