MUKESH SHIVHARE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dtd. 27/3/2017 and 1/4/2017, respectively, passed by the Additional Sessions Judge XII, East Singhbhum, Jamshedpur in Sessions Trial No.117 of 2013, whereby the appellant has been convicted for offences under Ss. 302, 307 and 436 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) for the offence under Sec. 302 of the Indian Penal Code and in case of default of payment of fine, to undergo imprisonment for 6 (six) months; further sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs.5,000.00 and in default of payment of fine to undergo imprisonment for six months for the offence under Sec. 307 of the Indian Penal Code; and further sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000.00 and in default of payment of fine to undergo imprisonment for a period of six months for offences under Sec. 436 of the Indian Penal.

(2.) On 1/12/2012 at about 22.00 Hrs. the informant alongwith her two children Shruti (daughter aged 7 years) and Ayush (son aged 5 years), after having their meal went for sleep. At about 23.00 Hrs. the informant woke up due to flames of intense fire in her house and she saw the accused (appellant) running away from the house. She asked him as to what had happened, upon which he replied that he will come after paying to the tempo person. The informant any how tried to save her two children and with the help of neighbours managed to come out of the house with her children. During this, her daughter was badly burnt and the informant and her son also were partially burnt. It is stated that the appellant was friend of informant's husband and due to this she got acquaintance with him and even in absence of informant's husband also the appellant used to visit their home. It is alleged that last night also the appellant had visited her house when a verbal altercation had occurred, post which the appellant had threatened her of consequences. It is alleged that it is the appellant who had set the house of the informant on fire with an intention to kill them.

(3.) Fardbeyan with the above allegation by the informant Chanchal Devi, was recorded by the A.S.I. of Police, Gopal Hembram on 2/12/2012 at 01.00 a.m. at M.G.M. Hospital. Farbeyan of the informant was forwarded by the Officer-in-charge of M.G.M. Police Station to the Officer-in-Charge, Mango Police Station, whereupon Mango Police Station Case No.589 of 2012 dtd. 2/12/2012 was registered for offences under Ss. 285, 337, 338, 307, 436 of the Indian Penal Code. Subsequently, the daughter of the informant died during course of treatment, whereafter Sec. 302 of the Indian Penal Code was added. Inquest was done and postmortem was also conducted. Appellant was arrested at Mumbai and remanded to Arthur Road Jail. He was remanded to custody in this case on 17/12/2012.