AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, challenges the judgment of conviction dtd. 10/1/2019 and order of sentence dtd. 15/1/2019 passed by the learned Presiding Officer, Fast Track Court-I, Samastipur, in Session Trial No. 826 of 2017.

(2.) By the impugned judgment, the sole appellant, Amit Kumar, has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00 (in default, further rigorous imprisonment for three years). The co-accused Babita Devi, Juhi Kumari, Rahul Kumar and Raushan Kumar were acquitted of all charges, including Ss. 302, 307 and 120B IPC.

(3.) The prosecution case, as set out in the fardbayan (Ext.3) of the informant Sunil Kumar Rai (PW-14) recorded on 14/6/2017 at 7:00 AM, is that on 13/6/2017 at about 12:00 noon, while the informant was at his medicine shop, he heard commotion and rushed home. He found his 15-year-old daughter, Anshu Kumari @ Akanksha Kumari, lying in the courtyard of his uncle Ashok Rai's house with her mouth and hands tied, body on fire. Neighbours extinguished the fire. The deceased allegedly told the informant that her hands, mouth and legs were tied, kerosene was sprinkled and she was set on fire. She repeatedly pleaded to save her two brothers as the assailants had threatened to burn them too. While being taken to hospital, she allegedly repeated the threat and the phrase "Juhi, your work is done". At Paramount Care Hospital, Patna, on repeated querying in the ICU, she allegedly named only the appellant Amit Kumar (described as Juhi's friend) as the perpetrator. She died during treatment in the intervening night of 13/6/2017 and 14/6/2017. Motive was alleged to be enmity arising from the elopement/kidnapping of Juhi Kumari (daughter of neighbour Sanjay Rai) in which the appellant and his family were involved; the informant had supported Sanjay Rai, leading to threats from the appellant. FIR (Ext.5) was registered under Ss. 341, 342, 307, 302 and 34 IPC. After investigation, charge-sheet was submitted against the appellant and four others under Ss. 448, 342, 302 and 120B IPC.