MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, namely, Mahendra Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution story, as disclosed in the Fardbeyan-cum-dying declaration of the informant recorded by ASI Sheo Sagar Singh (PW 13) on 18.3.1995 at 9.15 a.m., is that the deceased, namely, Nayanpati Devi had given a sum of Rs. 1,600/- to the appellant six months ago. On 17.3.1995 at about 9.00 p.m. the appellant came to the house of the deceased who demanded her money which the appellant owned, where-upon, the appellant is alleged to have abused her and also thrashed her on the ground and thereafter the appellant poured kerosene oil on the body of the deceased from a "Dhibri" and set fire. The deceased raised alarm on which the neighbours, namely, Dharohari Devi, Khalil Mian and others came and tried to extinguish the fire and seeing them the appellant fled away. The villagers informed the sister of the informant, namely, Asha Devi (PW 7) who brought the deceased to the Health Centre for treatment where PW 13 recorded her statement. Initially the police registered a case under Section 307 of the Indian Penal Code against the appellant but as the victim died after institution of the case, it was converted into 302 of the Indian Penal Code. After completing the investigation, the police submitted charge-sheet against the appellant under Section 302 of the IPC on the basis of which cognizance was taken and the case was committed to the Court of Sessions.

(3.) The appellant denied the charge and his defence is that he is innocent and has been falsely implicated in the case.