JANKI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole accused appellant against the Judgment dated 12th July, 2002 passed by 3rd, Additional Sessions Judge, Sitamarhi in Sessions Trial No. 219 of 2001/52 of 2001 whereby the appellant has been convicted of offence punishable under Sec. 302 of the Indian Penal Code and by impugned order dated 15.7.2002 she has been sentenced to rigorous imprisonment for life.

(2.) The prosecution case is based upon fardbeyan of the daughter-in-law of the appellant Kaushaliya Devi recorded on 30th December, 2000 at 2.45 P.M. in village Parari P.S. and District Sitamarhi. Subsequently, the injured informant died while under going treatment in Sadar Hospital Sitamarhi within 24 hours. According to the fardbeyan on 30th December 2000 at about 10 A.M. the mother- in-law of the informant, Janki Devi, the appellant ordered her to apply mud on Tat (partition made out of babmoos pieces). At that time the informant was cooking food and therefore she replied that she would do that work later on. On this the accused/appellant applied fire to terrycotton Sari which the informant was wearing and as a result she got burn injury from feet to head. After setting fire to the informant her mother-in-law (the appellant) fled away somewhere but on hearing her cry the people from neighbourhood came. The appellant used to assault the informant in past also. The informant's husband was a labourer engaged at Chapra in manufacture of brick and her father- in-law was at Patna working as a rickshaw- puller. The informant's grand-mother-inlaw, Somari Devi was taking care of the injured informant.

(3.) After recording the fardbeyan of the injured informant the Sub-Inspector of Police, Anand Kumar Sinha (P.W.11) sent her for treatment to Sadar Hospital, He inspected the place of occurrence where he found the informant lying in burnt condition. On the next day he received information from the hospital regarding death of the informant. He went to the hospital and prepared the inquest report. He recorded the statement of witnesses and submitted charge-sheet against the accused/appellant. Cognizance was taken by the learned Magistrate and the case was committed to the Court of Sessions. The accused/appellant pleaded not guilty to the charges and therefore she was put on trial and has been convicted by the impugned judgment and order as noticed above.