AJIT KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12-4-1990 passed by the then Sessions Judge, Dhanbad in Sessions Gate No. 344 of 1938 convicting the accused-appellant under Section 302, I. P. G. and sentencing him to rigorous imprisonment for life.

(2.) Admitted position remains that the deceased Aparna Banerjee daughter of PW 6, Sisthidhar Banerjee was married to the accused appellant, Ajit Kumar Mukherjee about one year prior to the occurrence i. e. 20-7-1985. The prosecution case is that the accused-appellant, Ajit Kumar Mukherjee was addicted to liquor to such extent that there was no adjustment between the husband and wife soon after the marriage and that quarrel was being ensued between the two. It appears that the accused-appellant is parentless and he was staying with his paternal uncle's family and after marriage also he was residing in that house. It is the further case of the prosecution that on 20-7-1985 the accused appellant returned home lately in the night and both husband and wife went to sleep in the same room but at about 11 in the night, inmates of the house woke up on hearing the screams of the deceased, Aparna Mukherjee alias Aparna Banerjee saying 'Bachao-Bachao'. On hearing this, the PW 1 Dilip Mukherjee, who happens to be cousion brother of accused appellant came out from his room and when he reached near the room of the accused, he saw flames of fire. The doors were closed from inside and windows were also closed from inside. He then dashed open the doors and found the accused-appellant, Ajit Kumar Mukherjee standing 2-3 feet away from his wife Aparna when she was burning from her lower side. Her clothes were almost burnt by that time. Another cousin of the appellant, PW 2 also reached the place of occurrence at that time and then they made an attempt to save the life of Aparna, but she was considerably burnt by that time. On being Hulla raised by Dilip Mukherjee and bis brother Anup Mukherjee, neighbours also came and tried to extinguish the fire with bed sheet, rugs etc. Aparna was then taken Bhoura Hospital for medical treatment, but when Bhoura Hospital referred her to Central Hospital, Dhanbad she was then tried to be carried there but unfortunately on the way she died due to the burn injuries on her person.

(3.) The defence place as is appeared from the tread of cross-examination of PWs and the statements made by the accused under Section 313, Cr. P. C, is that deceased Aparna Mukherjee tried to commit sucide by sprinkling Kerosine oil on her body and then set fire on her clothes and that the accused appellant alongwith others tried to extinguish fire and in the process he also received burn injuries on his right hand.