SOMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appears are directed against the judgment and order passed by the 2nd Additional Sessions Judge, Bettiah, West Champaran on 23rd August, 1994 and 25th August, 1994 respectively. By his judgment, dated 23rd August, 1994 in S.T. No. 88 of 1992, the learned 2nd Addl. Sessions Judge convicted the appellant Somari Devi of Cr. Appeal No. 437 of 1994 along with appellants Surendra Prasad of Cr. Appeal No. 516 of 1994 tinder Section 302 of the Indian Penal Code for having committed murder of Usha Devi @ Pushpa Devi by burning her. Appellant Surendra Prasad has also been convicted of offence under Section 376, IPC for having committed rape on the aforesaid Usha Devi @ Pushpa Devi. The learned trial Court sentenced both the appellants to undergo imprisonment for life under Section 302, IPC and appellant Surendra Prasad has also been sentenced to undergo rigorous imprisonment for ten years under Section 376, IPC. The learned trial Court ordered both the sentences against appellant Surendra Prasad to run concurrently by order, dated 25th August, 1994.

(2.) THE case was registered at Chanpatia Police Station on 17th January, 1992 at 06.30 p.m. under Sections 376, 307,341, 324/34, IPC on the basis of fardbeyan recorded by ASI Imamuddin Khan ' of Sadar Police Station, Bettiah in the Hallway Ward of M.J.K. Hospital at Bettiah at

(3.) IN order to prove the charges against the accused persons, the prosecution examined altogether ten witnesses and also brought the document relevant in the case on the record which were admitted into evidence. Out of the witnesses, examined, PW 1, Ramesh Sah is a witness and who happened to be present in the Hospital when the fardbeyan of the informant (Ext. 5) was recorded and he also put his signature on it. His signature is marked Ext. 1. PW 2, Parshuram Prasad happens to be the cousin brother of the victim and he had also come to the Hospital on hearing that his cousin sister had sustained burn injury and had been taken to the Hospital. So, he was also present when the statement of the victim was recorded in the fardbeyan (Ext. 5). PW 3, Kailash Prasad is the father of the victim. According to him, on 17th January, 1992, when he was at his residence, one Jeep driver came and informed him that his daughter had sustained burn injury and was taken to the local Hospital in critical condition. So, he immediately rushed to the Hospital and he found his daughter lying in the Hospital in precarious condition. When he was asked by a Police Officer to sign the statement of Somari Devi, on being persuaded by the Police Officer, he signed the same, but, as he smelt smell of kerosene oil, when he went near the body of the victim, he got suspicious and when the Police Officer later arrived, he recorded the statement of the victim, who had come to senses by that time. He also signed the statement. His signature is marked Ext. 1/a. According to him, the victim had stated before the Police Officer in her fardbeyan (Ext. 5) that early in the morning that day, her elder brother -in -law had committed rape on her and when she raised alarm, her mother -in -law tried to forbid her from raising alarm and when she did not keep quiet, they both doused her with kerosene oil and with the help of a match -stick, accused Surendra Prasad set fire to her clothes and she started burning and then she cried and came out and fell down and became unconscious. PW 4, Satyendra Prasad is a formal witness, who was present in the Hospital when the inquest report (Ext. II) was being prepared by PW 9 and he had also signed the same. His signature is Ext., 2. PW 5, Satyendra Prasad is the brother of the victim and son of PW 3. According to him, he subsequently at his house learnt about the burning of his sister and so he also rushed to the Hospital and when the victim came to her senses, her statement was recorded by the Police Officer in his presence. He also stated that the victim told him that in the morning, her bhaisur had committed rape on her and when she raised alarm, both her mother -in -law and bhaisur decided to kill her and they poured kerosene oil on her body and Surendra Prasad set fire to her clothes with a match -stick and she caught fire. PW 8, Purushottam Prasad is a witness, who failed to support the prosecution story and he was declared hostile by the prosecution. He denied to have made any statement in support of the prosecution story in his cross -examination by the prosecution. PW 10 was tendered and was cross -examined by the defence in which he made some statements.