ABDUL RAHIM @ FAGU MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal arises out of the Judgment of conviction dated 17th April 2007 and Order of sentence dated 18 th April 2007, passed by the learned 1st Additional Sessions Judge, Jamtara, in Sessions Case Nos.30 of 2005 / 47 of 2006, whereby, the sole appellant, who is the husband of the deceased, has been found guilty and convicted for the offences under Sections 302 and 498-A of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I for life for the offence under Section 302 of the Indian Penal Code and R.I for three years for the offence under Section 498- A of the Indian Penal Code and both the sentences were directed to run concurrently. Besides, fine of Rs.5,000/- was also imposed upon the appellant.

(3.) The prosecution case was instituted on the basis of the fardbeyan of one Md. Islam, who is the father of the deceased, recorded on 5.8.2004 at 22:30 hours at Popular Nursing Home, Jamtara, which is a private nursing home. According to the fardbeyan of the father of the informant, the deceased was married to the appellant, Abdul Rahim @ Fagu Mian, about 8-9 years ago and they had two sons and one daughter out of the wedlock. It is stated in the FIR that the relationship between them was not proper and wife was being subjected to cruelty for the demand of money for purchasing motorcycle, and for that demand, she was also being subjected to assaults. On 5.8.2004 at about 7.00 P.M, while the informant was talking to his neighbour, he heard the alarm raised by the villagers, whereupon he along-with his sons Yasin Mian and Sikandar as also other persons rushed towards the in-laws' place of his daughter, which was at a distance of about 500 yards, and saw his daughter burning. The villagers were trying to put off the fire and the informant also along-with his sons joined them in putting off the fire. It is stated in the fardbeyan that his daughter informed him that her husband had assaulted her, on which, she had become unconscious and again, she felt that her body was burning, whereupon she raised the alarm. At the place of occurrence, the spots of kerosene oil were also found. The villagers assembled there, had informed that upon the alarm raised by his daughter, they assembled and found the door closed. When they tried to get the door opened, the husband of the deceased opened the door and fled away. The injured daughter was brought to Popular Nursing Home, Jamtara, with the help of the villagers where she was undergoing treatment and she was unconscious. Alleging that the accused, Abdul Rahim @ Fagu Mian had assaulted her with an intention to cause her death and put her to fire, the fardbeyan was given by the father of the victim lady, on the basis of which, Jamtara P.S. Case No.110 of 2004, corresponding to G.R Case No.227 of 2004, was instituted for the offence under Sections 342, 498-A, 324 and 307 of the Indian Penal Code and investigation was taken up. After the death of the victim lady, Section 302 of the I.P.C was also added.