INDRAJEET UPADHYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted in Sessions Trial No. 72 of 2011/39 of 2012 by Shri Dina Nath Pandey, learned Adhoc Additional Sessions Judge IV, Aurangabad (hereinafter referred to as the "trial judge") . By the judgment dated 28.04.2014 the appellant was convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and by order dated 29.04.2014 he was sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/-. In default of payment of fine, he was further directed to undergo simple imprisonment for three months.

(2.) Short fact of the case is that on 31.08.2010 at 11.45 A.M. in Sadar Hospital, Aurangabad one Sub Inspector of Police Sri Kameshwar Singh (not examined) , S.H.O. Amba Police Station recorded fardbeyan of Sushma Devi [deceased ( wife of the appellant) ]. In the fardbeyan the informant disclosed that on the same day i.e. on 31.08.2010 at 11.00 A.M. since her husband had brought a "saree" for her, he was scolded by her father-in-law (Dineshwar Upadhyay) , mother-in-law (Nageshwari Devi) and sister of her husband (Urmila Devi) . In that context dispute arose with the informant, and thereafter, her husband (appellant) , mother in-law ( Nageshwari Devi) , father in-law ( Dineshwar Upadhyay) and sister of husband of the informant namely Urmila Devi poured kerosene oil on her and she was set ablaze. She received serious burn injuries and thereafter, her daughter ( Rashmi Kumari) poured one bucket of water. Thereafter, fire was extinguished. On alarm, people arrived there and the injured (informant) was carried to Sadar Hospital, Aurangabad where her fardbeyan was recorded. The fardbeyan was read over to her and thereafter, her R.T.I. was obtained on the fardbeyan. The said fardbeyan was also got signed by Sudhir Kumar Pandey (P.W. 4) and Jitendra Kumar Tiwary (P.W. 5) .

(3.) After recording fardbeyan on the same date i.e. 31.08.2010 at about 1.15 P.M. a formal F.I.R. vide Amba P.S. Case No. 69 of 2010 was registered for the offence under Section 326/ 307/ 34 of the I.P.C. and subsequently, after death of the injured (informant) , by order dated 01.09.2010 Section 302 of the I.P.C. was added in the F.I.R. The F.I.R. was lodged against : (1) appellant ( Indrajeet Upadhyaya) (2) Nageshwari Devi (mother-in-law of the deceased) (3) Dineshwar Upadhyay ( father- in- law of the deceased) and (4) Urmila Devi [nanad of the deceased (sister of the appellant) ]. After drawing F.I.R. the case was investigated and on 25.11.2010 first charge sheet was submitted against mother and father of the appellant namely: Nageshwari Devi and Dineshwar Upadhyay under Section 302/34 of the I.P.C. and thereafter on 10.12.2010 learned Chief Judicial Magistrate took cognizance of offence. In the case, on 26.02011 supplementary charge sheet was submitted against the appellant, however nothing was indicated in respect of one of the F.I.R. named accused namely Urmila Devi. Subsequently, the case was committed to the court of Sessions on 26.04.2011 and on 202.2012 joint charge under Section 302/ 34 of the I.P.C. was framed against all the three charge -sheeted accused including the appellant and three accused persons were put on trial and the case was numbered as Sessions Trial No. 72 of 2011/39 of 2012.