DINESH RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19th August, 1994 passed by Sri Laxman Oraon lst Additional Sessions Judge, Nawada in Sessions Trial Nos. 31/136 of 1993 through which all the appellants were convicted and sentenced to undergo imprisonment for life under Sections 302/34 of the Indian Penal Code and also under Section 498A of the Indian Penal Code to undergo rigorous imprisonment for two years and it was ordered that both the sentences will run concurrently.

(2.) The fact in short giving rise to this appeal is that the deceased Saraswathi Devi, whose Fardbeyan was recorded, was married to one Dinesh Rajak of Uttar Bazar, Warsaliganj, District-Nawada about three years ago prior to the institution of the case. On 24.2.1993 Saraswati Devi was brought in a rikshaw by one Arjun Singh in a serious burnt condition at Warsaliganj Referral Hospital and at about 9.00 a.m., the A.S.I. attached to Warsaliganj Police Station came to that hospital on getting information about the condition of the injured and recorded her Fardbeyan at about 9.00 a.m. and the informant had alleged that she was living with her husband and in-laws in Uttari Bazar. Her husband and in-laws i.e. father- in-law and mother-in-law used to torture her only for the reason that she was not good to look at and threatening was not also being given to her that her husband would marry for the second time. It has also been alleged that on that very date at about 5.00 a.m. or so kerosene oil was poured on her by these appellants and she was set on fire. The informant then raised alarm which attracted the neighbours and they extinguished the fire but in the meantime, she sustained serious burn injuries and she was brought to Warsaliganj Referral Hospital.

(3.) The A.S.I., Warsaliganj recorded the Fardbeyan of the informant-deceased in that very hospital and after that the deceased was referred to Nawadah Hospital for further treatment. The deceased died on that very date in the late afternoon and as such inquest was prepared by the Nawadah Police and post-mortem was done on her dead body and police after completing investigation, submitted charge sheet as against these appellants.