NAGENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000.00, in default of which, to undergo further rigorous imprisonment for one year vide Judgment of conviction dated 16.07.2010 and Order of sentence dated 19.07.2010 passed by the Additional Sessions Judge, Fast Track Court No.2, in Sessions Case No.416 of 2007.

(2.) The prosecution case is based on the dying declaration of the deceased Chandrakala alias Chanda Devi, who stated that on 30.03.2007 at about 07.00 P.M., her husband, the Appellant, Nagendra Paswan, came in a drunken state and started to abuse her. When she protested, he poured kerosene oil on her and set her on fire. When she stated screaming, several neighbours gathered and they extinguished the fire and took her to the hospital where she was being treated. She had lost her consciousness and when she regained the same, it came to light that her husband was assaulted by the co-villagers and had also been admitted in the hospital. The deceased, subsequently, died upon which the case was converted into one under Sec. 302 of the Indian Penal Code.

(3.) During trial, the prosecution examined altogether 10 witnesses.