NATHUNI MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THREE accused persons, i.e., the two appellants, spouses between themselves and their son Parmod Mehta, were put on trial by the learned 4th Additional Sessions Judge, Aurangabad after being charged with committing offences under Sections 304B and 302/34 of the Indian Penal Code. By judgment dated 18th March 1997, they were held guilty of committing the offence only under Section 304B of the Indian Penal Code. They were heard on sentence on 19.3.1997 and each of them was directed to suffer rigorous imprisonment for seven years. While the two appellants Nathuni Mehta and his wife Fulwa Devi preferred this appeal jointly, their son Promod Mehta separately preferred Criminal Appeal (SJ) No. 129 of 1997, but it appears that while he was languishing in prison he died there and his appeal stood abated on that account as may appear from the order of the Court passed on 22.4.2014.

(2.) SOME of the undisputed facts were that the deceased Sitawa Devi was married to Pramod Mehta sometimes in the year 1992. She was in her matrimonial house in the night intervening 26/27.1.1995. She had in fact been residing therein for the last one month or so. It is also not disputed that she died of burn injuries in her matrimonial house and that her death had occurred within seven years of being married to deceased -accused Pramod Mehta.

(3.) AS may appear from the evidence of P.W. 6 S.I. Ramswarup Singh, who subsequently drew up his own statement in the form of Ext. 4 on 19.2.1995, that the U.D. Case was registered on the basis of Ext. 2 the written report of appellant Nathuni Mehta and on that basis the dead body was sent for post -mortem examination to P.W. 5 Dr. Ashutosh Kumar Singh who was posted in Sadar Hospital, Aurangabad as the Medical Officer. It was stated by P.W. 6 S.I. Ramswarup Singh that the post -mortem examination report which was submitted by P.W. 5 revealed that the smell of kerosene oil was coming out from the hairs and skull and the mouth of the dead body was partially opened, eyes were closed and reddish froth was coming out of the nostrils of the deceased. The dead body was found bearing 100% burn injuries which was covering the whole of the body of the deceased and only the skull and hairs had escaped from being burnt, otherwise the whole body was black in colour. In the opinion of P.W. 5 the death was on account of burn injuries caused by flames of fire induced by kerosene oil and thus, gave sufficient reasons to infer that it was case of murder. P.W. 6 stated that appellant Nathuni Mehta had purposely filed a wrong report regarding the unnatural death of deceased Sitawa Devi so as to misleading the investigation.