LAWS(JHAR)-2012-3-57

SAGAR GOSWAMI Vs. STATE OF JHARKHAND

Decided On March 15, 2012
Sagar Goswami Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 06.08.2003 and 08.08.2003 respectively, passed by the Additional Judicial Commissioner, Fast Track Court no. VII, Ranchi, in Sessions Trial Case No. 66 of 2002, convicting the appellant under section 302 IPC and sentencing him to undergo R.I. for life. The prosecution case in short is that Urmila Devi lodged a fardbeyan in the hospital on 20.05.2001 at about 8.45 A.M. before P.W-6 to the effect that the appellant (her husband) used to sell grams and when she used to demand money for household expenses, he used to abuse and assault her. On 19.05.2001 at about 8 P.M. when he returned and she demanded money for household expenses, he started abusing and assaulting her. Thereafter when she was going to serve food to him, appellant poured kerosene oil from 'dhibri' on her back and put her cloth on fire. She cried for help. The neighbours assembled. She sustained burn injuries. Appellant extinguished the fire by water. She was taken to hospital by her 'devar' and neighbours. Where she was being treated.

(2.) Mr. G.K. Sinha, Learned Counsel for the appellant, assailed the impugned judgement of conviction on various grounds, whereas, Mr. Ravi Prakash, Learned Counsel for the State, supported it.

(3.) After hearing the parties at length and carefully going through the records, we are inclined to give benefit of doubt to the appellant. for the following reasons: