BROMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appellants have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) PROSECUTION case, in short, is that on 19.10.1997 at about 11 A.M. while the informant Usha Devi was in her house, appellant Kawal Devi, mother -in -law appellant Bromeshwar Prasad, brother -in -law and his wife Nilam Devi started abusing her. It has been alleged that appellant Kawal Devi thereafter stated that the informant was incompetent in household work and she should be killed. On this appellant, Bromeshwar Prasad and his wife Nilam entered in her room and they all caught hold of her. Appellant Kawal Devi poured Kerosene oil on her body and appellant Bromeshwar Prasad set fire to her Sari from match stick. Thereafter they all caught her for some time and after that they came out of the house and bolted the door. The informant was burning inside the house and she was crying for help but the door could not be opened and her Sari completely burnt and she fell down on the ground. She started crying and also tried to open the door. After some time door was opened and neighbours assembled inside the house. The husband of Usha Devi, P.W. 4 was not present and he came after some time and having seen the informant Usha in burnt condition he went to call the police. Police came and recorded her statement at about 12.30 on the same day. The further case of the prosecution is that the appellants used to assault her for quite some time and were also threatening her to kill. They were also trying to drive her out from the house but as she did not leave the house they finally set her on fire with intention to kill her. Thereafter she was taken to hospital where P.W. 5 treated her and gave her first aid and referred her to the Patna Medical College an 2/d 1/ 2Ho 013 s p Piata gel . 33She died after 45 days of the occurrence on 3.12.1997. On the basis of her Fardbeyan the police registered a case under section 307/34 against the appellants. After the informant died section 302/34 of the Indian Penal Code was also added. Police after investigation submitted charge sheet and on the basis of report submitted cognizance was taken. The case was committed to the court of sessions and ultimately the trial concluded with the result as stated above. The appellants pleaded not guilty.

(3.) P .W. 1 has stated that the occurrence took place at 10 A.M. He was inside his house. Hearing some noise he came out and saw the victim burning and she was crying. According to him, her Sari was burning. He and his wife extinguished the fire on the body of Usha Devi. They found burnt injury on her person. They saw victim naked as her clothes had been burnt and ladies took her inside the house. He has also stated that she herself walked to her room. He has also stated that there was some quarrel with her in -laws and husband P.W. 4 in the morning. P.W. 2 wife of P.W. 1 has also fully corroborated the evidence of P.W. 1. She has also mentioned about the quarrel the informant had with her inlaws: P.W. 3 mother of the victim and P.W. 6 sister of the victim both are hearsay witnesses and have simply stated that Usha Devi was married three years prior to the date of occurrence. They have not supported the case of prosecution and they have been declared hostile. P.W. 4 husband of the informant Usha Devi, though a material witness of the case who is a witness to the Fardbeyan which was treated as dying declaration, has not supported the case of the prosecution that the appellants poured kerosene oil on the body of his wife Usha Devi and she was set on fire by them with an intention to kill her. However, he has supported the prosecution case only to the extent that his wife gave her statement before the police in his presence and he signed over it as a witness.