PARMESHWARSAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Permeshwar Sao, has been convicted under Section 302 I. P. C. and sentenced to undergo rigorous imprisonment for life. The ferdbeyan, Ext. 2 was given on 29-1-1987 at 8 p. m. in Modidih hospital at Dbanbad, by Mina Devi, the deceased herself. She has said that on 29-1-1987, at about 6 p. m., her husband Permeshwar Sao came to the house after taking wine and asked her as to whether she had prepared food. She replied that she had prepared food, but said that he has again come after taking wine. Upon this, her husband, Permeshwar began to abuse her and bolted the house from inside and poured kerosene oil, which kept in a bottle, on her body. Thereafter he burnt a piece of paper from the oven, and set the fire on her body, on account of which, her body caught fire. Her daughter Meera was also there in the room. She and her daughter began to cry and raise alarm. Her husband Permeshwar had tied the bolt of the door by a rope on account of which she was not able to run out, although she attempted to run out. On hearing the alarm, sufficient number of persons from the neighbour collected and broke open the door from outside. Her husband also began to cry from inside and he also went outside after that. Then the neighbours took her to the Modidih hospital by lifting her. Her daughter Mira the eye witness of this occurrence, can give the details of the occurrence and also the persons collected at the spot can say, although she did not know the names of all of them Also she said that her husband with an intention to kill her had sprinkled kerosene oil on her body and bad set fire, on account of which her both the hands, chest and heirs were badly burnt, for which treatment was going on in the hospital.

(2.) On the basis of this ferdbeyan which the A. S. I. recorded, on getting information from the hospital, F. I. R., Ext. 4, was registered on 29-1-1987 at 9 p. m. at Jogta police station. The victim was under treatment in the hospital, but she died there. On the basis of the information of death received from the hospital on 4-2-1987, he wrote to the Officer Incharge Saraidih for post mortem examination and requested the learned C. J. M., to add Section 302 I. P. C. also iu the case. The post mortem examination is said to have been done by Dr. Binod Kumar, P. W. 4, on 5-2-1987 at about 7 a. m. He submitted the post mortem examination report to the I. O. which was received by him on 8-2-1987. Before that also, the I. O. went to the place of occurrence, where he found in one 'Kothri' rice and 'Dal' and also fish in a 'Karahi'. In one thali some eaten rice and 'dal' was found. He also found a mud oven which was burning. He also recovered a bottle of kerosene oil which was hanging by the wall. After completing the investigation he submitted charge sheet against the appellant.

(3.) In his defence, the appellant denied the prosecution case and alleged that he has been falsely implicated in this case. Suggestions have been made on his behalf that it was a case of suicide by her. No witness has been examined in defence.