DEB KUMAR BHADRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 20th December 2004, passed by the learned 1st Additional Sessions Judge, Dhanbad, in S.T. No. 186 of 1995, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs. 1,000/- for the said offence.

(3.) The prosecution story was instituted on the basis of the fradbeyan of the deceased lady Pancha Devi, which was recorded on 7.1993 (though at the top of the fradbeyan, the date is mentioned 9.7.1993, which has been penned through and written 7.1993 and in the body of the fradbeyan the date is written 7.6.1993, which has been overwritten as 7.1993). She had given her fradbeyan in her house, situated at Putki-2, P.S. Putki, District Dhanbad at about 12:15 hours, wherein she had described herself as the wife of the accused Deb Bhadra, but she has stated that she was married to one Madan Sah, who was living in Harijan Colony, and about three years ago, she was brought by the accused to his house and she was living with him. It is stated that the accused used to abuse her after taking wine and after keeping her, he again married another lady. She has stated that in the last month, one evening, the accused came in drunken state and asked her to lit the chulha and while she was liting the chulha, he poured K. oil on her and put her to fire. She has stated that her son Mahesh Kumar, who at that time was aged about six years, pulled her cloths and she has also separated her cloths, but by that time, her entire body was burnt, except her face. On the next day, she was brought to hospital, where, she remained for about ten to fifteen days, where, while she was unconscious, the accused had given the statement that she was burnt accidentally. Claiming that she was burnt by the accused Deb Bhadra, the fradbeyan was recorded, upon which, she put her thumb impression. On the basis of the fradbeyan, Putki P.S. Case No. 34 of 1993, corresponding to G.R. No. 893 of 1993 was instituted on 7.1993, for the offence under Sections 324 and 307 of the Indian Penal Code, and investigation was taken up. Subsequently the deceased died and after her death, Section 302 of the Indian Penal Code was also added by order dated 12.199 After investigation, the police submitted the charge-sheet against the accused.