SANJAY KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, husband of the deceased Pinki Devi who was aged about 30 years on the day of the occurrence, questions the propriety and correctness of the judgment of conviction and order of sentence dated 22.12.2008 and 24.12.2008 respectively passed by the Presiding Officer of Fast Track Court No.III, Bhagalpur in Sessions trial No.456 of 2007/Trial No.86 of 2007 by which the learned trial Court directed the appellant to suffer rigorous imprisonment for life under Section 302 Indian Penal Code as also to pay a fine of Rs.5,000/ - else to suffer rigorous imprisonment for six months.

(2.) THE informant, Indradeo Pandey (P.W.2) was the father of the present appellant. The fardbeyan given by him appears to be the basis for initiation of the prosecution of the appellant. It was stated that in spite of being married to the lady and having begotten a son of about 11 years, the appellant was not treating his wife well as his habits were bad. The informant stated that his son was a drunkard. He also used to smoke ganja and as well used to take bhang which behaviour of the appellant was always castigated by the informant and his other family members. The appellant used to call names even to his parents, least to talk of the deceased and the informant and his wife, the parents of the appellant were so fed up with the behaviour of the appellant that they had left their house to live in Khairiya with their another son.

(3.) IT was stated that the informant had come to Kahalgaon on 12.12.2007 and he was informed by one Munna Pandey P.W.4 that the appellant had burnt his wife, Pinki Devi to death. She was hospitalized in Jawahar Lal Medical College and Hospital, Bhagalpur. The informant rushed to Bhagalpur Medical College with his wife Uma Devi (P.W.1) to find his daughter -in -law lying hospitalized there in a badly burnt up condition who ultimately died there in the hospital.