NEYAZ AHMAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) INSTANT appeal, by the sole appellant, husband of the deceased of Raxaul P.S. Case No. 77/11, is directed against the judgment/order dated 22.09.2012/01.10.2012, passed by 6th Additional Sessions Judge, Motihari, East Champaran, in Sessions Trial No. 713/2011 whereunder the sole appellant has been convicted for the charge under Section 302 of the Penal Code and has been awarded sentence to undergo rigorous imprisonment for life with further direction to pay fine of Rs. 10,000/ -.

(2.) PROSECUTION case, as set out in the fardbeyan of the aforesaid case recorded by the deceased while she was under treatment at Bed No. 24C Dunkan Hospital, Raxaul by the Incharge, Haraiya O.P., Sub -Inspector Sheonandan Prasad Paswan on 22.04.2011 at 14.00 hours, is that she is resident of Village Pareua within Raxaul -Haraiya Police Station in the District of East Champaran and is recording her fardbeyan statement that on 21.04.2011 around 9.30 P.M. she was frying the left over rice of the morning, her husband Neyaz Ahmad came to the house in drunken condition, began to abuse her, on protest picked up kerosene cane, poured kerosene on her and threw lighted match stick setting her ablaze causing serious burn injuries above waist. On alarm being raised her father -in -law extinguished the flames and also suffered burn injury in his hand. Informant further claimed in the fardbeyan that she was lifted, brought to the hospital by her father, mother and elder brother -in -law, where she is being treated. Informant also claimed in the fardbeyan that her husband with intent to kill her sprinkled kerosene oil on her and set her ablaze. The fardbeyan statement was read over to the informant, who found the same correctly recorded put her thumb impression over the fardbeyan in presence of her brother Sabir Ali. Incharge of Haraiya O.P. Sheonandan Prasad Paswan having recorded the fardbeyan forwarded the same to the Officer -in -Charge, Raxaul Police Station on 24.04.2011 for appropriate action.

(3.) IN support of charges prosecution examined as many as 10 witnesses. P.W. 1 Neyazul Haque is the uncle of the deceased, P.W. 2 Sabir Ali is the brother of the deceased, also put his signature over the fardbeyan as attesting witness. P.W. 3 Tamanna Khatoon is the daughter of the deceased. P.W. 4 Akbar Ali is the father of the deceased. P.W. 5 Babiya Khatoon is the cousin/daughter of aunt of the deceased as also sister -in -law of the deceased. P.W. 6 Bholi Mian is the father -in -law of the deceased. P.W. 7 Saira Khatoon is the mother -in -law of the deceased. P.W. 8 Nehal Mian is the elder brother -in -law of the deceased. P.W. 9 Chandramauli Kumar is an Advocate's Clerk. He is a formal witness and has proved the formal First Information Report as Exhibit -2. P.W. 10 Sheonandan Prasad Paswan is the scribe of fardbeyan and Investigating Officer of the case.