NAKUL TIWARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 302, 376/511 of the Indian Penal Code vide Judgment of conviction, dated 22.12.2011 and Order of sentence, dated 23.12.2011 passed by the Addl. Sessions Judge, F.T.C-V, Kaimur at Bhabua, in Sessions Trial No. 192 of 2008/42 of 2011. For the offence under section 302 of the Indian Penal Code, the appellant has been sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 5000.00. For the offence under Sections 376/511 of the Indian Penal Code, he was sentenced to undergo Rigorous Imprisonment for five years and fine of Rs. 1000.00 and in default of payment of fine, to undergo further Rigorous Imprisonment for two months.

(2.) The prosecution case, as set out in the fardbeyan of Subhash Tiwary (P.W.4) of village Paura, P.S. Chand, District Kaimur recorded by S.I. Siyaram Prasad Gupta of Chand Police Station, is that on 19.01.2008 at about 10.00 P.M., while he was sleeping in his 'Marai' situated in front of his house, his daughter, namely, Laxmina Devi wife of Mahendra Chaubey, had gone to the house of his brother Late Lali Tiwary to see film on the C.D. player. All of a sudden, when he woke up on 'hulla', he saw his daughter in flames and running towards the house, but she soon turned towards the house of appellant Nakul Tiwary. Thereafter, the informant along with his wife Ram Dulari Devi (P.W.1), sons Arjun Tiwary (P.W.2), Bhim Tiwari (P.W.3), Bhola Tiwari (Not examined) and Vikash Tiwari (Not examined) also rushed and extinguished the fire and brought her to his house. Laxmina Devi informed them that Appellant Nakul Tiwary, somehow, managed to move his sister Rina Devi away and, thereafter, began to make overtures with bad intent. When she protested, the appellant Nakul Tiwary poured kerosene oil and set fire to her. The informant with the help of his sons Arjun (P.W.2), Vikash (Not examined) and his wife Ram Dulary Devi (P.W.1) carried his daughter to Chand Hospital. Since the condition of his daughter was serious, she was referred to Chandauli Hospital, where the Doctors referred her for better treatment to B.H.U. Hospital, Varanasi. At B.H.U. Hospital, Varanasi, her daughter was provided initial treatment. The Doctors of B.H.U Hospital informed that the estimated cost of treatment would come around Rs. 5,000.00 As the informant was unable to bear the said medical expenses, he brought his daughter back to his house on 20.01.2008. The informant claims that after failing in establishing physical relationship with his daughter, appellant Nakul Tiwary poured kerosene oil and set her on fire. He further stated that the incident was witnessed by a number of persons.

(3.) During trial, the prosecution examined altogether 11 witnesses in support of its case. Out of the 11 witnesses, P.W. 6 Sunil Kumar Singh, P.W.7 Dilip Kumar Singh, P.W.8 Santosh Kumar Singh and P.W.9 Maheshwar Singh have not supported the case of prosecution and were declared hostile. P.W.1 Ram Dulary Devi, P.W.2 Arjun Tiwary and P.W.4 Subhash Tiwary have claimed to be the eye-witnesses to the occurrence, whereas P.W. 10 Dr. Shyam Kumar conducted the Post-mortem examination on the dead body of the deceased Laxmina Devi. P.W. 11 Siyaram Prasad Gupta is the Investigating Officer of this case.