SURAJ SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 28/2/2013 passed by Sri A.K. Singh "Ashok", the then Additional Sessions Judge-I, Deoghar in connection with Sessions Case No. 88/2010, arising out of Madhupur P.S. Case No. 205/2009 corresponding to G.R. No. 480/2009 holding the appellant Suraj Sao @ Suraj Sah guilty of offence under Sec. 302 of the Indian Penal Code and thereby sentencing him to undergo imprisonment for life alongwith fine of Rs.5,000.00 and in default of payment of fine the appellant was further directed to undergo S.I. for six months. Appellant was acquitted for the offence under Sec. 304 B of the Indian Penal Code.

(2.) The prosecution case in brief is that on 26/10/2009 at about 03:30 P.M., the appellant and his wife Putul Devi (deceased) were in a room at her maike. Her niece Rakhi Kumari was present in the courtyard just outside their room. Rakhi Kumari saw smoke coming out from the room, on which she went inside and saw Putul Devi ablaze. The appellant was standing there with a kerosene container and a match box in his hand. She raised alarm, following which neighbours reached there. Appellant was apprehended and restrained by local persons. Putul Devi was taken to hospital where her fardbeyan was recorded. She died during the course of treatment.

(3.) Police after investigation found the occurrence to be true and submitted charge-sheet against the appellant. After Cognizance, learned S.D.J.M., Madhupur at Deoghar committed this case on 3/4/2010 as it was exclusively triable by a Court of Sessions.