MITHUN KUMAR @ MITHUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State.

(2.) This appeal has been preferred against the Judgment and Order of conviction dated 24.07.2017 and order of sentence dated 07.08.2014 passed by the learned 4th Additional Sessions Judge, Naugachia (Bhagalpur) in Sessions Trial No. 1177 of 2012 arising out of Naugachia (Mahila) P.S. Case No. 25 of 2012, whereby the learned lower convicted the appellant for the offence punishable under Section 304-B of the Indian Penal Code and sentenced him to undergo R.I. for ten years and also slapped him with a fine of Rs. 5,000/- and in default of payment of fine to further undergo R.I. for six months.

(3.) The factual matrix of the case is that Naugachia (Mahila) P.S. Case no. 25 of 2012 was initially instituted under Sections 498A, 324, 307/34 of the Indian Penal Code and 3/4 of the D.P. Act and subsequently added with Section 304-B of the Indian Penal Code against the accused persons, namely, Mithun Kumar @ Mithun Yadav, Savitri Devi, Fucho Yadav and Jitendra Yadav on the basis of fardbeyan of Babita Devi W/o Mithun Kumar R/o Kharik Bajar P.S Kharik District-Bhagalpur recorded at bed no. 4 Surgery Ward of J.L.M.N.C.H. on 24.04.2012 at 08:00 PM by S.I. R.N. Chaudhary P.S. Barari District-Bhagalpur with the allegation, in succinct that, on 19.04.2012 at about 07:00 PM, while she was cooking bread at her matrimonial house, her mother namely, Sumitra Devi and husband Mithun Kumar demanded Rs. 25,000/- claiming that her father has given only Rs. 25,000/- on tilak. On venting inability of her father to cough up their demand, her motherin-law caught hold her hand and on order given by her, her husband doused kerosene oil on her and set her ablaze by means of match. Her father-in-law Fucho Yadav and brother-in-law Jitendra Yadav were present there, but they did not make any protest. Locals rushed there responding alarm made by her and saved her from burning and reprimanding her in-laws, got her admitted in the hospital where she is undergoing treatment.