CHANDAN RAI @ CHANDAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, husband of the deceased, has preferred the present appeal under Section 374(2) of the Code Of Criminal Procedure, 1973 ( hereinafter referred to as the "Cr.P.C.") against judgment of his conviction and sentence. The appellant by judgment dated 03.10.2013 in Sessions Trial No. 842 of 2011 [arising out of Khodawandpur P.S. Case No. 37 of 2011] has been convicted for commission of offence under Section 304(B) of the Indian Penal Code, 1860 [hereinafter referred to as the "I.P.C."] and by order dated 21.10.2013 he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-. In case of default in payment of fine he has been directed to further undergo simple imprisonment for four months. The judgment of conviction and sentence was passed by Sri Binay Kumar Sinha, learned 3rd Additional Sessions Judge, Begusarai (hereinafter referred to as the "trial judge") in Sessions Trial No. 842 of 2011.

(2.) Short fact of the case is that on 09.03.2011 at 16.10 Hours (4.10 P.M.) one Uday Kumar Singh, P.S.I. of Khodawandpur Police Station recorded fardbyan of Ajay Singh (P.W. 3), resident of village - Ramdiri, Tola - Ramnagar, P.S. - Matihani, District - Begusarai. The fardbyan was recorded in the house of appellant i.e. Chandan Rai @ Chandan Roy at Sihma , Police Station- Khodawandpur. In the fardbyan the informant (P.W. 3) disclosed that his niece Soni Devi, aged about twenty years was married with Chandan Rai (appellant) as per Hindu rituals. The marriage was solemnized in Begusarai about three years back and in the said marriage Rs. 51,000/- and 04 Bhar gold and other articles were gifted to the in-laws of the deceased. After marriage when informant's niece (Soni Devi) went to her in- laws house in village: Sihma after some time the appellant -Chandan Rai, mother-in-law of the deceased: Babu Dai Devi, Nanad (husband sister of the deceased): Archana Devi and nandosiKrishna Kumar Rai started to pressurize the deceased for providing motorcycle and colour T.V. The niece of the informant was regularly explaining that since her family was poor and his father had already died such demand can not be fulfilled. Due to the said reason the accused persons were regularly assaulting and administering torture to the niece of the informant. On 09.03.2011 at 11.00 A.M. the informant got information that the aforesaid accused persons by sprinkling kerosene oil on the body of his niece (Soni Devi) had set her on fire in the toilet and she died due to the said burn injury. After getting the said information the informant with his brother - Rajesh Singh (P.W. 1) and other villagers went to the in-laws house of his niece (Soni Devi) in the village: Sihma. While they arrived they noticed that outside the house there was crowd where his another son -in-law namely: Umesh Rai @ Buttan (P.W. 2) who was resident of village- Sihma, P.S.- Khodawandpur with elder niece of the informant namely: Sweety Kumari (P.W. 4) were present there and they informed that the aforesaid four accused persons at about 10.00 A.M. by way of sprinkling kerosene oil on his niece - Soni Devi had burnt her. On hulla both husband and wife (i.e. P.W. 2 & P.W. 4) while arrived there they saw that Soni Devi was burning and squirming. The informant further disclosed that Soni Devi in burnt condition was telling the name of the four accused persons that those persons had sprinkled kerosene oil and put her on fire due to non-fulfillment of demand of dowry. After some time the injured died. While the informant with P.W. 2, P.W. 4 and some of the villagers of Sihma village entered inside the house he noticed smell of kerosene oil and then he saw in toilet his niece - Soni Devi due to burn injury had died. The informant claimed that appellant -Chandan Rai, Babu Dai Devi, Krishna Kumar Rai and Archana Devi, W/o Krishna Kumar Rai all due to non fulfillment of demand of dowry by way of sprinkling kerosene oil had burnt her niece ( Soni Devi) to death. The said fardbyan was read over to him and after finding it correct he put his signature in presence of his brother -Rajesh Kumar Singh (P.W. 1) and Umesh Rai (P.W. 2). As a witness to the said fardbyan Rajesh Kumar Singh (P.W. 1) and Umesh Rai (P.W. 2) also put their signature. The said fardbyan was forwarded to Khodawandpur Police Station and thereafter a formal F.I.R. vide Khodawandpur P.S. Case No. 37 of 2011 was drawn on 09.03.2011 at 22.00 Hours (10.00 P.M.) under Section 304B / 34 of the I.P.C. against: (1) Chandan Rai, (2) Babu Dai Devi, (3) Archana Devi and (4) Krishna Kumar Rai. After investigation on 23.06.2011 charge sheet was submitted only against the appellant keeping investigation pending against others. After submission of charge sheet on 02.07.2011 learned Chief Judicial Magistrate, Begusarai took cognizance of the offence and thereafter the case was committed to the court of Sessions on 24.08.2011. In the case on 16.01.2012 charge under Section 304(B) of the I.P.C. was framed against the appellant which he denied and claimed to be tried.

(3.) To establish its case on behalf of the prosecution altogether seven witnesses were examined. Out of seven witnesses, informant ( Ajay Singh ) is P.W. 3, who is uncle of the deceased, P.W. 1 (Rajesh Kumar Singh) is another uncle of the deceased, P.W. 2 (Umesh Rai @ Buttan) is the husband of elder sister of the deceased namely: Sweety Devi (P.W. 4), P.W. 5 (Dr. Gopal Mishra) had conducted post mortem examination on the dead body of the deceased whereas P.W. 7 (Vishwanath Paswan ) is a formal witness who has only proved the inquest report. The case was investigated by P.W. 6 (Amar Nath Singh) and he had finally submitted charge sheet.