JAI KISHORE SHARMA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 2nd June, 1999 passed by the learned Sessions Judge, Bokaro at Chas in Sessions Trial No. 120 of 1997, whereby and whereunder, the appellant named above, has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE informant of the case is one Sunil Chandra Jha, Sub -Inspector of Police. The said Sunil Chandra Jha in his written report dated 8th September, 1996 stated that on 8th September, 1996 at 6.45 a.m. he got rumour that a dead body of a female was lying in open field near the house of one Sheo Kumar Rai of Ram Nagar Colony. On this informant, he along with a Home Guard No. 177, Bharat Kishore Mahto went to the place and saw a crowd in the field near the house of Sheo Kumar Rai. He saw a dead body of a female and on enquiry from the people came to know that the dead body was of one Sugandhi Devi, wife of Jai Kishore Sharma. She was living with her husband and daughter Rinki Kumari in a rented house of Niranjan Yadav. He searched the house of the deceased and found two empty (divris) Kerosense lamps on the vercandah, a match box and a number of match sticks scattered on the verandah. He found pieces of clothe and burn sari. He sized them and prepared a seizure list. The adjacent room in the western side of the verandah was found to have been locked and there was smell of Kerosene oil coming out from that room through an open window. A neighbour Arun Kumar Jha disclosed that on the last might surrounding the dead body. Jai Kishore Sharma was not present there. He further disclosed that Jai Kishore Sharma always used to assault his wife. The informant further stated that on enquiry from Rinki Kumari aged about nine years, she disclosed that on the last night there was a quarrel between her mother and father, thereafter she slept. On hearing the cry of her mother, she woke up and saw her mother burning. Thereafter, they went to Hospital on a Tempo. In the way her father advised her to say that her mother burnt of a Stove while cooking. She further disclosed that after return from the Hospital her father told that he was going to bring money, but he did not return. She also went to search him. When she returned, saw the deaa body of her mother lying in the field. She further told that her real father is another person. He used to beat her and her mother due to which her mother letter left her father. The informant further stated that on enquiry, he came to know that the deceased was the second wife of Jai Kishore Sharma and was not legally married wife. Jai Kishore Sharma wanted to get rid of her and hence he committed murder by sprinkling Kerosense oil on her body and setting her on fire. On this report, a Chas P.S. Case No. 204 of 1996 under Sections 302/201, IPC was registered.

(3.) THE accused -appellant denied the allegation and had taken plea that he was falsely implicated in this case. He also took plea that the deceased was not living with him as husband and wife, the deceased was a lady of a bad character.