ARCHI NAWAL KISHORE KUJAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant is an I. A. S. Officer, who has been tried for a charge under Section 302/201 I .P. C, for intentionally committing murder of bis wife, Joyes Knjar and then of screening himself from the legal punishment by setting 6re the dead body to show that she bad caught fire accidentally and died of burn injury.

(2.) The prosecution story in brief is that on 17-5-1990 at 1 a. m. the accused who was then posted at Ranchi walked from his residence and rushed to lalpur Police Station and lodged a written report (Ext. 4) stating inter alia that his wife Joyes Kujar died of burn injuries at 11 p. m in the last night i. e. 16-5-1990 As per the report, on that date in the evening, the deceased Joyes Kujar went to her mother's residence at Morhabadi and returned home at about 9 p. m. She then went to kitchen to prepare food for herself and the informant The husband and wife alone were living in a rented house. The food was ready at 10 30 p. m. As desired by the accused when Joyes Kujar went to the kitchen to bring food for service to the accused then suddenly she caught fire" and then came out with screams There was no supply of electricity at that time The informant tried to put off the fire with the help of a Blanket but Joyes Kuajr fell down at the bed room and died. The accused raised alarm. Some people came there from the neighbourhood but by that time Joyes Kujar died On the basis of that report, lalpur Police registered a U. D. case being lalpur P. S. U. D. Case No 3 of 1990. For enquiry into that case, the Offieer-in-caarge of lalpur Police Station went to the place of occurrence at about 2 a.m. The residence is situated at Biraj Nagar which is just at the back of the P and T Colony about a Kilometer north from the lalpur Police Station. As there was no electricity, the place could not be inspected and the officer-in-charge locked the house of the accused and spent whole night there keeping the strict vigilance. On the next morning at about 6. 30 a. m., he started minute inspection. He held inquest over the dead body and made the following observations :

(3.) On inquest, the dead body was sent for post mortem examination and it should be mentioned that before the report of Post Mortem examination could be available the Officer-in-charge hurriedly made the FIR. In course of investigation, some witnesses were examined including the brother of the deceased and some neighbouring people and then chargesheet was submitted against the accused-informant under Section 302/201 I.P.C. The case was committed to the Sessions on 30-8-1993 and then charges were framed against the accused-appellant under Section 302 IPC vide order dated 12-10-1992. When the charges were read over and explained to the accused-appellant, he pleaded not guilty.