MITHUN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, who is an unfortunate husband, after being convicted and sentenced for commission of offence under Sec. 304(B) of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'), has approached this Court by filing the present appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'). The appellant, in a case in which fardbeyan was shown to be recorded on 16-11-2012 and without any plausible reason formal F.I.R. was drawn after much delay on 08-12-2012, has been held guilty and convicted on 02-07-2013 for commission of offence under Sec. 304(B) of the 1. P.C. By order dated 04-07-2013, he has been sentenced to undergo imprisonment for life. The judgment of conviction and sentence has been passed by Sri Bajrangi Sharan, learned Additional Sessions Judge 1st, Katihar (hereinafter referred to as the 'Trial Judge').

(2.) The nightmare of the appellant has commenced from 15-11-2012, when his wife, while preparing meal, was caught with fire and she was carried to hospital, but on next date i.e. 16-11-2012, she succumbed to injury. Thereafter, on the same date i.e. 16-11-2012 at 9:45 A.M., fardbeyan of mother of the deceased was recorded. The mother of the deceased namely Bishakha Devi was examined as P.W.6. In the fardbeyan, which was recorded on 16-11-2012 at 9:45 A.M. in the Sadar Hospital, Katihar, the informant Bishakha Devi (P.W.6) disclosed that her daughter namely Sushila Devi was got married with the appellant (Mithun Roy) some time in the year 2007. Her marriage was solemnised with the appellant, who was resident of Azamnagar Gudri Bazar, P.S. Azamnagar, District - Katihar. She disclosed that the husband of the daughter of the informant (appellant) was residing with his maternal grand father (ukuk) namely Balram Rai. The daughter of the informant was having three years old male child and one three months old baby child. On preceding date i.e. 15-11-2012 at about 2:00 P.M., she got telephonic information from neighbour that her daughter had set herself on blaze. After getting the said information, with her son, the informant went to the house of her daughter in Azamnagar Gudri Bazar. She saw that her daughter had received serious burn injury. On being asked, her daughter disclosed that the son-in-law of informant had demanded money, which was refused and due to this reason, her son-in-law Mithun (appellant) poured kerosene oil on her daughter and ignited the same. After she was burnt, the injured was carried by her son-in-law (appellant) to Azamnagar Hospital, from where, she was referred to Sadar Hospital, Katihar, where in course of treatment, she died on 16-11-201 The informant further stated that in between her daughter and son-in-law, often dispute had taken place in relation to money and her daughter used to return back to her parents house. This time, she got information that in the dispute, her daughter received burn injury and died on 16-11-2012 in course of her treatment. The said fardbeyan was read over to her and after finding it correct, she put her thumb impression on the fardbeyan. On the fardbeyan, her husband Rajendra Rai (P.W.5) also put his L.T.I. (Left Thumb Impression).

(3.) On the basis of said fardbeyan, on 08-12-2012, a formal F.I.R., vide Azamnagar P.S. Case No. 251 of 2012, was registered for offence under Sec. 302 of the I.P.C. only against appellant. During investigation, on 10-12-2012, the appellant was arrested and finally, on 31-12-2012 the police submitted chargesheet against the appellant under Sec. 304(B) of the I.P.C. After submission of chargesheet, on 22-01-2013, the learned Chief Judicial Magistrate, Katihar took cognizance of the offence under Sec. 304(B) of the I.P.C. and thereafter, on 01-02-2013, the case was committed to the court of sessions. After commitment, the case was numbered as Sessions Trial No. 73 of 2013 and on 26-02-2013, charge against the appellant was framed under Sec. 304(B) of the I.P.C., which was denied and he claimed to be tried.