SABILA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal arises out of the Judgment of conviction dated 21.02007 and Order of sentence dated 24.02007, passed by the learned 18th Additional Judicial Commissioner, Ranchi, in S.T. No. 620 of 2003, whereby the sole appellant has been found guilty and convicted for the offences under Sections 436 and 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment for the offence under Section 302 of the Indian Penal Code and rigorous imprisonment for ten years for the offence under Section 436 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of fardbeyan of the deceased Sarful Ansari, recorded while he was alive, at RIMS, Ranchi, on 18.04.2003, where he was undergoing treatment. In his fardbeyan he has stated that in the night of 16.04.2003, he was sleeping in his house along with his first wife Sahnaz Khatoon and second wife Sabila Khatoon, (the accused) and when the informant and his first wife slept, the accused Sabila Khatoon, sprinkling K. Oil on the bed and bodies of her husband and first wife, put them to fire and fled away, stealing Rs. 25,000/- from a box. When they started burning the husband came out from the room breaking open the door and raised alarm, whereupon, the persons nearby came and put off the fire and both the husband and wife were brought to RIMS, Ranchi, where they were admitted on 16.04.200 On the basis of the fardbeyan of the informant Sarful Ansari, Mandar P.S. Case No. 24 of 2003, corresponding to G.R. No. 1420 of 2003, was instituted for the offences under Sections 324, 326, 307 and 379 of the Indian Penal Code and investigation was taken up. The informant and his first wife subsequently died due to burn injuries, and Section 302 of the Indian Penal code was added. After investigation, the police submitted the charge-sheet in the case against the accused Sabila Khatoon.