SHEOPUJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 2.9.1993 and the order dated 3.9.1993 passed by Sri B.N.P. Singh, 2nd Additional Sessions Judge, Patna in Sessions Trial No. 225 of 1989 whereby he has been pleased to convict the appellant Sheopujan Rai under Section 202 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months.

(2.) The prosecution case, in brief, is that on receipt of the confidential information at Kadam Kuan Police Station that one Baijanti Devi had died due to sustaining of burn injury, the informant Sheo Prasad Singh (P.W.9), who was posted at Kadam Kuan Police Station as S.I. at the time of the alleged occurrence, visited the house of the appellant Sheopujan Rai situated in Amarudigali alongwith other police personnel. On arrival at the piace of occurrence and on opening of the room in which Baijanti Devi had received burn injuries, it was found that smell of kerosene oil was emitting from the room and kerosene oil was found spread over the floor of the room and the inner part of the door plank, some part of cot, wooden table and bed-sheet were found half-burnt. Haridwar Prasad told the informant that he saw the smoke coming out from the room and he alongwith others got the door of the room opened and found Baijanti Devi in pains as she had caught fire and then the fire was extinguished but Baijanti Devi died due to burn injury. The informant was further told that appellant Sheopujan Rai alongwith others came at the place of occurrence on being informed that his daughter-in-law had suffered burn injury. He with the help of some persons took out the dead body of the deceased and drove away in an ambassador car. The informant was also told that the deceased was married to Uma Shankar Singh in her childhood and after second marriage (Gauna) the deceased had been residing in her inlaw's house. Since Uma Shankar Singh had not been in visiting terms with the deceased, so relation between them became strained and due to that strained relation the deceased committed suicide by sprinkling kerosene oil on her body and putting her on fire. On getting the abovementioned information, P.W.8 prepared his written report (Ext.2) on the basis of which he drew up formal F.I.R., and instituted Kadam Kuan P.S. Case No. 719 dated 13.11.1987 under Sections 306 and 201/34 of the Indian Penal Code. As Sheo Prasad Singh had already taken up investigation of the case at the place of occurrence itself so he investigated the case and after completing investigation submitted charge-sheet against the appellant and others under Sections 306 and 201/34 of the Indian Penal Code, on the basis of which cognizance was taken and the case was committed to the Court of Session.

(3.) On 7.8.1990 charges under Section 306/34 of the Indian Penai Code and under Section 201/34 of the I.P.C. were framed against the appellant and three others by Sri S.N. Choudhary, Additional Sessions Judge, Patna. The appellant and other accused persons denied the charge and thus, they were put on trial and by the impugned judgment, all the accused persons including the appellant were acquitted of the charge under Sections 306/34 and 201 of the Indian Penal Code but the appellant alone was convicted under Section 202 of the I.P.C. and was sentenced to undergo rigorous imprisonment for six months. Against the said judgment and order of conviction, the appellant has preferred this appeal.