SANGEETA TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgement of conviction dtd. 31/7/1996, and Order of sentence dtd. 1/8/1996, passed by the learned 5 th Additional Sessions Judge, Dhanbad, in S.T. No. 239 of 1995, whereby the appellant has been found guilty and convicted for the offence under Sec. 302 of the Indian Penal Code, on the allegation that she had burnt her husband to death. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Rojan Ansari, the father of the deceased Hamid Ansari, recorded on 26/1/1995 at about 11:30 A.M., at Bokaro General Hospital, Bokaro, wherein he has stated that his son Hamid Ansari was married to the accused, Munia Khatoon and they had two children, one aged 2 years and the other aged 3 years, from the wedlock. They were living together in the house of the informant for about ten years. On 23/1/1995 in the night after taking their meals, the deceased, his wife and children went to sleep in their house. At about 9:30 P.M, the son of the informant raised alarm, whereupon the informant came out of his house and went to the house of his son and saw him burning in flames. He extinguished the flames with the help of a sack. There were two cots in the room, on one cot the children were sleeping, while on the other, both husband and wife were sleeping. The rope of the cot, on which his son was sleeping, was also burnt. When the informant asked his son as to how he was burnt, his son informed him that his wife, Munia Khatoon had put him to fire by sprinkling kerosene oil on his body, while he was fast asleep. Upon the noise, several persons from neighborhood also came who saw the occurrence. Thereafter, he brought his son for treatment to Bokaro General Hospital in the night itself, where in course of treatment, his son died on 25/1/1995 at about 11:00 A.M. On the basis of the fardbeyan of the informant, Baghmara (Mahuda) P.S. Case No. 37 of 1995, corresponding to G.R. No. 341 of 1995, was instituted against the accused Munia Khatoon, for the offence under Sec. 302 of the Indian Penal Code, and investigation was taken up. After investigation the police submitted the charge-sheet in the case.