LAKSHAMAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offences under Sections 302, 448 and 341 of the Indian Penal Code by the judgment and order dated 19.09.2003 passed by

(2.) learned Additional Sessions Judge, Supaul in Sessions Trial No. 11 of 1987 arising out of Supaul P.S. Case No. 72(5) of 1981. By order dated 20.09.2003 he has been awarded life imprisonment, one year simple imprisonment and one month simple imprisonment respectively for the aforesaid offences. In this appeal the point arising for determination is what would be the effect of delay of about 23 days in giving information to the police of the alleged occurrence and whether such delay, in the facts and circumstances of the case, would be fatal to the prosecution case.

(3.) ACCORDING to the prosecution case, the deceased Deo Sundri Devi wife of P.W.1 was alone in her house with two infant children on 27.04.1981 at about 10 AM. Her husband had gone to supaul in connection with some case. Allegedly, at that time, the appellant Lakshaman Mandal came into her 'Angan ' and started abusing as to why they had not vacated his land and had not removed their house from the concerned land. On her replies, he lost his temper and when she wanted to raise alarm he pressed her mouth, threw her on the ground, poured some liquid from a bottle over her body and threw a lighted match -stick on her which caused burn injuries to her. Thereafter he ran away. She claimed in her Fardbeyan recorded on 20.05.1981 at 19.30 hrs. by A.S.I. Jaleshwar Prasad Singh of Supaul P.S. at Supaul Hospital that because of burn injuries she became unconscious and did not know who brought her to hospital and when she gained consciousness on that date (20.05.1981) then she came to know that she is in Supaul Hospital and then she was giving her fardbeyan before the police officer. Thus, for the occurrence of 27.04.1981 the Fardbeyan of the deceased was recorded in hospital on 20.05.1981. Admittedly, the husband of the deceased, Ram Sunder Sah (P.W.1) had informed the police on 20.05.1981 that her wife was lying in the hospital in burnt condition and on such information police came and recorded the Fardbeyan.