SHAMBHU DABGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment of conviction dtd. 20/7/1996 and the order of sentence dtd. 22/7/1996, passed by learned 2nd Additional Sessions Judge, Aurangabad, in Sessions Trial No. 58 of 1994/15 of 1994, arising out of Obra P.S. Case No. 78 of 1993 whereby and whereunder the appellant has been convicted for the offence under Sec. 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) Prosecution case in short is that Obra P.S. Case No. 78 of 1993 dtd. 12/6/1993 was registered under Sec. 307/34 of the Indian Penal Code, on the fardbeyan of one Madhuri Devi (deceased) who happens to be the wife of the present appellant/accused, namely, Shambhu Dabgar, which was recorded by A.S.I. Sri Matiur Rahman (P.W. 7) of Obra Police Station on 12/6/1993 at 8.00 P.M., in the State Dispensary, Obra. According to the fardbeyan, on 12/6/1993 at about 7.30 P.M., her husband Shambhu Dabgar (appellant) demanded some money from her but on her refusal the appellant and co-accused, namely, Urmila Devi, who is the wife of the elder brother of the appellant, began to assault her. She fell on the ground, then co-accused Urmila Devi poured kerosene oil on the body of the deceased and the appellant set her on fire. Thereafter, both the accused persons closed the door and bolted it from the outside. As a result, Madhuri Devi was severely burnt. It is also said in the fardbeyan that the appellant used to keep her hungry. This fardbeyan was recorded by the aforesaid A.S.I., namely, Matiur Rahman (P.W. 7), in presence of two witnesses, namely, Dasarath Ram (P.W. 8) and Ram Pravesh Ram (P.W. 1). It is also the case of the prosecution that Dasarath Ram (P.W. 8) and Ram Pravesh Ram (P.W. 1) are persons who had brought the injured to Obra State Dispensary for treatment from the house of the accused alongwith others. Some treatment was given to Madhuri Devi (deceased) by the Medical Officer, Obra State Dispensary, namely, Dr. Dilip Kumar Sinha (P.W. 9), on the same day at 8.10 P.M. and immediately the doctor referred her for better treatment to Sadar Hospital, Aurangabad. However, soon thereafter the patient died within the campus of the State Dispensary, Obra and Sec. 302/34 of the Indian Penal Code was added vide order dtd. 19/6/1993.

(3.) After investigation, the police submitted charge-sheet against both the accused. The co-accused Urmila Devi was declared as absconder and by order dtd. 13/6/1994 her trial proceeded under Sec. 299 of Cr.P.C. Thereafter, the Jurisdictional Magistrate took cognizance and committed the case to the Court of Sessions. Charge was framed against the appellant under Sec. 302 of the Indian Penal Code and he was put to trial.