SRINATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has filed this appeal against the judgement and order of conviction and sentence passed by the Sessions Judge, Sitamarhi in Sessions Trial No. 113 of 1996, whereby the learned Sessions Judge has convicted the accused appellant u/s 302 of the Indian Penal Code and sentenced him to undergo R.I. for life.

(2.) THIS case was instituted on the iardbeyan of Kumbhiya Devi (since deceased). In short the case of the prosecution is that on 25.10.1995 at about 7.30 P.M. the informant Kumbhiya Devi was at her house. At that time her brother -in -law (Bhaisur) accused Srinath Prasad came there and asked her for sexual relation to which she protested. Then Srinath Prasad poured kerosene oil on her body and put fire. The informant was severely burnt. On hulla the neighbours came and took her to the Sadar Hospital, Sitamarhi for medical treatment on jeep of one Bharat Prasad where her fardbeyan was recorded at 9.02 P.M. by S.I., S. Sharma. The fardbeyan of the informant Kumbhiya Devi (since deceased) bears the signature of the said Bharat Prasad on whose jeep the informant was taken to hospital, which is Ext. 1/1. It also bears the signature of Dr. B. Prasad, Medical Officer of the Sadar Hospital, Sitamarhi which is Ext. 1/5. On the basis of the fardbeyan the formal F.I.R. was drawn. After investigation police submitted charge -sheet against the accused.

(3.) IN this case 13 witnesses have been examined on behalf of the prosecution. P.W. 2 Bindeshwar Sah, P.W. 5 Ram Sewak Sah, P.W. 6 Mahanth Sah and P.W. 7 Raghunath Prasad have been tendered bv the prosecution. P.W. 4 Saniharia Devi, P.W.8 Bharat Prasad and P.W.10 Rajendra Prasad have been declared hostile by the prosecution. Now it is well settled that the evidence of hostile witnesses to the extent it corroborates the prosecution version can also be relied upon, P.W. 4 Sanjharia Devi has stated that she had seen that the body of Kumbhiya Devi was under fire and she was taken to Sitamarhi hospital. In her cross -examination she has stated that Kumbhiya Devi was in the kitchen and a bottle of kerosene oil was lying. It is relevant to mention here that the occurrence had taken place at 7.30 P.M. and the fardbeyan of the deceased informant was recorded at Sitamarhi Hospital at 9.02 P.M. P.W. 12 Dr. Bharat Prasad has stated that Kumbhiya Devi was admitted for the treatment of burn injury and he found her mentally fit to make, statement and her statement was recorded by S.I., S. Sharma in his presence and after recording of the statement he also put his signature in token of satisfying the fitness of the patient to make statment and also as a witness to the recording of the statement. Ext. 1/5 is his signature on the fardbeyan. He has said in his cross -examination that even in a case of 100% burn one can be normal and conscious. Nothing has been elicited in his cross examination to disbelieve his evidence. Therefore, the prosecution case that the informant had fire in her body and she had sustained burn injuries and she was taken to Hospital is supported by the evidence of P.W. 4 Sanjharia Devi. P.W. 8 Bharat Prasad has also stated that Kumbhiya was badly burnt and they took her to Sitamarhi hospital and police had come there but her statement was not recorded before him. He has been declared hostile by the prosecution. He has himself said when cross examined on behalf of the prosecution that after the fardbeyan he had put his signature before the Daroga, which is Ext. 1/1. He has had sianed on the inquest report after it was prepared. His signature is Ext. 1/2. According to him Rajendra Prasad Mukhiya (P.W. 10) had also signed on the fardbeyan and inquest report which are Exts. 1/3 and 1/4. In his cross -examination on behalf of the defence, he has said that after reaching the hospital he had gone to bring medicine and Daroga had not recorded her statement before him and Mukhiya. His evidence shows that Kumbhiya was burnt and they had taken her to Sitamarhi hospital for medical treatment and she was alive in the Hospital.