SHAMBHU BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') challenging the judgment of conviction dtd. 26/5/2016 and order of sentence dtd. 30/5/2016, passed by learned Sessions Judge, Saran at Chapra in Sessions Trial No. 542 of 2014, arising out of Bheldi P.S. case No. 76 of 2013, G.R. No. 2417/2013, whereby and whereunder the Trial Court has convicted the appellant for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced to undergo life imprisonment and a fine of Rs.25,000.00 and in default of payment of fine to further undergo R.I. for a period of four months.

(2.) The prosecution case, as emanated from the fardbeyan of the informant Upendra Baitha, the brother of the deceased Seema Devi, recorded by S.I. Sanjay Kumar of P.S. Bheldi, District- Saran on 7/6/2013 at 3.30 P.M. is that the informant on 7/6/2013 received information on his mobile No. 8804823007 that his sister Seema Devi, wife of the accused Shambhu Baitha, was in critical condition. The deceased was married to the accused Shambhu Baitha, resident of village Jhauapatti, P.S.- Bheldi, District- Saran in the year 2002 according to Hindu Law and customs. The deceased was blessed with two sons namely Priyansh Kumar, aged about 5 years, Himanshu Kumar, aged about 2 years and a daughter namely Nibha Kumari, aged about 8 years. On getting information about serious condition of the deceased, the family members of the informant got worried. When the informant reached the matrimonial home of his sister at about 2.30 P.M., he saw that his sister Seema Devi had been burnt to death and the members of her matrimonial family had fled away leaving the dead body in the house. The husband of the deceased, the elder brother of her husband, the wife and the son of the elder brother of her husband used to assault and threaten to cause her death and on the relevant day, they had burnt her to death. The informant claimed that the accused Shambhu Baitha, his brother Kedar Baitha, the wife of Kedar Baitha and Mithilesh Kumar Baitha had caused the death of his sister by setting her on fire.

(3.) On the basis of fardbeyan of the informant, Bheldi P.S. case No. 76 of 2013 was registered under Sec. 302/34 of the I.P.C. Thereafter, the Investigating officer carried out the investigation and submitted charge-sheet. On the basis of chargesheet, the Magistrate took cognizance of the case and the case was committed to the Court of Sessions. Charges were framed against the appellant on which he pleaded not guilty and claimed to be tried.