DHARMENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction dtd. 19/7/2018 and order of sentence dtd. 24/7/2018 passed by the learned Additional Sessions Judge-VI, Ara, Bhojpur (hereinafter referred to as the 'Trial Court') in Sessions Trial No.15 of 2018 arising out of Piro P.S. Case No.155 of 2017 whereby and whereunder the sole appellant has been convicted for the offences punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code (for short 'IPC') and consequently, sentenced the appellant to undergo imprisonment for life.

(2.) The case of the prosecution, which is based upon the statement of injured/deceased, namely, Sandhya Devi, who died during the course of her treatment, while she was admitted in Primary Health Centre, Piro on 21/6/2017 at about 7:15 A.M., recorded by the Assistant Sub-Inspector of Police, Dilip Kumar Gupta. The crux of her statement reveals that her marriage was solemnized before one and a half month of the occurrence with Dharmendra Paswan (appellant/convict), son of Shiv Kumar Paswan, resident of village-Dushadhi, which falls under P.S.-Piro, District-Ara as per Hindu Rites and Rituals. It is further stated thereof that, when she joined her matrimonial home after the marriage, the things was normal but, after seven or five days, her husband found usually engaged in loose and vulgar talk with his sister-in-law (bhabhi), Lalita Devi. It was objected by deceased, resultantly she was assaulted by her gotni and husband (appellant) saying that they are in relations and she must have accepted that. It is further stated that when occurrence was reported to her in-laws, they also assaulted her and locked inside a room, where on the intervening night of 13/14/6/2017, her husband (appellant/convict) along with Lalita Devi entered inside her room and thrown a burning matchstick on her causing spreading of fire inside the room and thereafter both of them ran away after locking the room from outside. It is also stated thereof that on her alarm, neighbours and father-in-law namely, Shiv Kumar Paswan arrived, who opened the door and extinguished her fire, where her father-in-law also received burn injuries. The occurrence was reported to the local police station by the villagers and on so police officer of Piro Police Station arrived and brought her to Primary Health Center, Piro for treatment where her statement was recorded by the police. While concluding her statement, it was stated that her husband Dharmendra Paswan and Lalita Devi (sister-in-law/gotni), wife of Lakshman Paswan and mother-in-law Laljhari Devi, wife of Shiv Kumar Paswan under common intention threw burning matchstick upon her with intention to cause her death.

(3.) After ascertaining the truthfulness of statement, when it was read over to her by ascriber of the statement, she put her right thumb impression upon the same for future purpose, as her condition was very serious having no chance to survive.