FULO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by 8th Additional Sessions Judge, Patna in Sessions Trial No. 959 of 1989 through which he found the appellants, Fulo Devi and Bindu Devi guilty under Section 302 of the Indian Penal Code and convicted and sentenced them to undergo rigorous imprisonment for life and further all the four appellants including Fulo Devi and Bindu Devi were also found guilty under Section 498-A of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for one year.

(2.) The facts in short giving rise to this appeal is that the deceased Sheela Devi was married with the appellant, Mohan Ram, sometime in the year 1978 and she was living in her matrimonial house. On 3.5.1989 at about 9 p.m. an alarm was raised by the deceased Sheela Devi which attracted the witnesses and they had seen her burning and they extinguished the fire. In the meantime a Police Party also arrived in a jeep and she was taken to Nalanda Medical College Hospital for treatment. In that very Hospital at about 11 p.m. or so the injured Sheela Devi gave her statement which was recorded by S.I., Sultanganj P.S. by way of fardbeyan in which she had stated that she was married with the appellant, Mohan Ram, and were living as husband and wife. On 3.5.1989 at about 9 p.m. when she was in her bed room her nanad i.e., the appellant, Fulo Devi, and her daughter, Bindu Devi, the other appellant, all of a sudden came and kerosene oil was poured on her body by Fulo Devi and her daughter, Bindu Devi set her on fire by litting a match stick. On alarm raised by her the witnesses, who are mohalla people came and extinguished the fire and a Police Party also arrived in a jeep and she was taken to the Hospital. She has also stated regarding the cause of the occurrence i.e., the motive stating that through she was married in the year 1978 but unfortunately she could not deliver a child which caused annoyance to her husband, the mother-in-law and the other members of the family and she was subjected to cruelty and abuse and she was assulted earlier for the same reason, and only for such reason she suspected that she was set on fire.

(3.) The Police after recording the fardbeyan got an F.I.R. instituted at the Police Station and while the injured was being treated in the Nalanda Medical College Hospital (to be referred to hereinafter only as hospital for brevity), she succumbed to the burn injuries on 5.5.1989 and after that an inquest was prepared and the dead body was subjected to the post- mortem examination. After investigation the Police submitted charge-sheet as against all the appellants. The Trial Court found the appellants guilty and convicted them in the manner indicated above but the appellant, Lacchimini Devi, who is mother-in-law and Mohan Ram, the husband of the deceased, though charged under Sections 302/109 of the Indian Penal Code for abetment of the offence but they were not found guilty under this count for paucity of the evidence.