MADAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the Appellants were called upon to explain charges for having committed the murder of Prem Shita Devi before the 1st Additional Sessions Judge, Bettiah. Satyadeo Sah husband of deceased Prem Shila Devi, has been convicted and sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code whereas other four appellants, namely, Madan Sah, Lallan Sah, Bharat Sah and Gopal Sao, have been convicted under Section 302 read with Section 149 of the Indian Penal Code and awarded the sentence of life imprisonment by judgement dated 19 -2 -1985 in Sessions Trial No. 16/15 of 1984/84.

(2.) THE prosecution case, as would appear from the dying declaration of deceased Prem Shila Devi and the evidence of prosecution witnesses, is that on 21 -1 -1993 appellant Satyadeo Sah at about 8 O'clock in the night entered the room where his wife Prem Shila was sitting and after sprinkling K. Oil took out a match -box and put the lady on fire. All the male family members, namely, appellants Madan Sah, Lallan Sah, Bharat Sah and Gopal Sao were present inside the Angan but none of them prevented Satyadeo Sah. Prem Shila Devi came out of the room and started crying due to pain of burning. She also threw her Sari, tore the blouse but by that time major portion of her body was already burnt. Allegation has also been made when the lady tried to come out from the room, she was obstructed by the other appellants. Neither any information with regard to this incident was sent to the parents of the deceased nor to the police station. Similarly no attempt whatsoever was made to provide medical treatment to the lady.

(3.) THE brother of Prem Shila Devi, namely, Prabhu Sah (P.W. 1) and her sister Geeta Kutnari (P.W. 2) having learnt somehow about the incident, went to the village of the appellants. The mother of the deceased Tetari Devi (P.W. 3) was also informed by these witnesses, therefore, she also arrived and saw her daughter lying in a critical condition. It is further alleged in spite of best pursuation, the appellants were not ready to take the injured to Bettiah Hospital for medical aid. Therefore, Tetari Devi (P.W. 3) having seen the attitude of the appellants went back to Bettiah and submitted written petition to the Superintendent of Police and District Magistrate, West Champaran. Thereafter, on 1 -2 -1993 the Assistant Sub -Inspector of Police, J.N. Prasad, went to Village Somgarh and recorded the statement of Prem Shila Devi (Ext. 2) and got her admitted in M.J.K. Hospital, Bettiah. On 14 -2 -1983 at the request of the police, the Sub -Divisional Judicial Magistrate, Bettiah went to the Hospital and recorded the dying declaration (Ext. 1) of the deceased. It would further appear that Prem Shila hovered between the life and death in a precarious condition for some time and ultimately on 26 -4 -1983 succumbed to the burn injuries. The defence as would appear from the statement of the appellants and the trend of cross examination of the prosecution witnesses, was total denial of the occurrence. It was further contended that this false case was hatched up by the mother of the deceased since no harm was caused to Prem Shila by these appellants.