MD MAHFOOZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") has been preferred by the sole appellant who has been convicted and sentenced in S. Tr. No. 160 / 2010 / S. Tr. No. 521 of 2012. By judgment dated 03.06.2013 the appellant has been held guilty and 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 06.06.2013 the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- under Section 302 of the I.P.C. and in default of payment of fine he has been directed to further undergo rigorous imprisonment for one year. The appellant was tried in S. Tr. No. 160 of 2010 / S.Tr. No. 521 of 2012. Judgment of conviction and sentence has been passed by Sri Paras Nath Rai, learned Adhoc Additional District & Sessions Judge- III, Jehanabad (hereinafter referred to as the "trial judge").

(2.) Short fact of the case is that on 09.08.2009 at 14.30 Hours (2.30 P.M.) Sri Rajendra Kumar (P.W. 10), Assistant Sub Inspector of Police of Agamkuan Police Station recorded fardbyan of Rajiya Khatoon, wife of the appellant. The said fardbyan was recorded in Gokul Hospital, Patna. In the fardbyan the informant stated that in Room No. 105 of Gokul Hospital, Patna she was under treatment and she during treatment disclosed that on 07.08.2009 in the night at about 9.00 P.M. in a room of the house her husband (appellant), the husband sprinkled kerosene oil and thereafter lighted match stick and threw it on her person whereupon she was badly burnt. After she raised alarm number of neighbors assembled there and tried to save her. Her father- in- law firstly for her treatment carried her to Sadar Hospital, Jehanabad where she was treated and for better treatment he carried her to Patna and in Gokul Hospital, Patna she was under treatment. She stated that she was living with her husband separately from her father-in-law and mother -in-law. The reason for the dispute was stated by the informant that her husband was having illicit relation with Sannu Khatoon, wife of one Jahangir who was residing in a rented house just opposite the house of her husband. The said lady was also extorting money from her husband. Her son Imran who was aged about 17-18 years on instigation of Sannu Khatoon often used to assault the informant. She stated that Sannu Khatoon was having illicit relation with her husband since prior to her marriage and Sannu Khatoon was the lady who had got her marriage solemnized. The informant claimed that her husband with the aid and connivance of Sannu Khatoon with a view to kill her had sprinkled kerosene oil on her and ignited the same. She further stated that the said fardbyan was read over to her and after finding it correct she put her right toe impression on the fardbyan since her both hands were wrapped with bandage due to burn injury. The said fardbyan, she stated, was recorded in presence of her mother namely: Sahnaz Bano (not examined). On the said fardbyan the mother of the informant also put her L.T.I. On the basis of the said fardbyan which was recorded on 09.08.2009 a formal F.I.R. on 20.08.2009 was drawn vide Jehanabad P.S. Case No. 326 of 2009 for offence under Sections 324/326/307/498(A) read with Section 34 of the I.P.C. however subsequently on 27.09.2009 after death of the informant Section 302 of the I.P.C. was added. The F.I.R. was lodged against three accused persons namely:-

(3.) During investigation accusation against the appellant was found true and as such, on 20.11.2009 charge- sheet was submitted against him keeping investigation pending against one of the F.I.R named accused, namely: Sannu Khatoon, whereas accusation against F.I.R. named accused- Imran was found false and as such, he was exonerated. Charge sheet was submitted under Section 302 / 34 of the I.P.C. After submission of charge sheet on 23.11.2009 learned Chief Judicial Magistrate, Jehanabad took cognizance of the offence and thereafter the case was committed to the court of Sessions on 03.05.2010, and as such, it was numbered as S. Tr. No. 160/2010/S. Tr. No. 521 of 2012. On 09.06.2010 charge was framed against the appellant under Section 302/34 of the I.P.C.