VIJAY MONDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Vijay Mondal, who was convicted for an offence under Section 302,1.P.C. and sentenced to undergo R.I. for life on trial, has preferred this appeal.

(2.) THE prosecution case as per the Fardbeyan, Ext. 2 of the deceased Urmila Devi @ Pramila Devi (now deceased) recorded by the A.S.I., Krishna Singh, at Ramawatar Nursing Home on 9.8.1994 at 14 hours is as follows : Urmila Devi @ Pramila Devi (now deceased) was married with the appellant Vijay Mondal about 15 years ago and they were residing in ECL Quarter No. N.H.S. 10/125. They had two sons and one daughter. On the night of 2.8.1994 at about 12.30 a.m. accused Vijay Mondal returned to his quarter, at which Urmila Devi asked the reason for such late return which enraged the accused and he began to abuse her and attempted to drive her out of the house. Urmila Devi persistently requested that she would live in the house. Thereafter, the accused closed the door from inside and thereafter poured kerosene oil on her person from a bottle then she immediately put off the Saree and promised him that she won Id d o ask anything and when she was changing other Saree he poured kerosene oil again saying that he would not leave her alive and would not allow her to live in his house, he lightened match stick and threw it on her Saree, as a result of which the whole body of her caught fire. She raised hulla and also requested him to save her and after this request and after some time, the accused poured a bucket -full of water on her person, consequently the fire was extinguished. Thereafter, the accused brought her to Vinita Nursing Home at Station Road, Kumardhubi, and hospitalized her there for treatment. On 9.8.1994, she was shifted to Ramawatar Nursing Home where she was being treated and in that connection, brother and other family members from home and Calcutta came there and in their presence the ASI, K. Singh of Nirsa P.S., recorded her statement, Ext. 2. Even before this occurrence, the accused used to abuse and assault her on several occasions and always threatened her to kill. She was the third wife of the accused. First wife was similarly burnt to death and the second wife was deserted by the accused. The motive has been alleged that the accused was trying to contract another marriage and hence to get rid of her, the occurrence was committed.

(3.) THE defence version of the case as appearing from the statements of the appellant made under Section 313, Cr.P.C. is as follows : He was on duty and when he came back from duty, his wife Urmila @ Pramila Devi went to kitchen for warming food where she caught fire. He tried to extinguish the fire throwing water from a bucket on her. Then with the help of the neighbours he took the injured to the Vinita Nursing Home. Thereafter he sent information to his father -in -law, mother -in -law but it was his elder Saru (sister -in -law's husband), who got this case instituted against him.