SATYA NARAYAN SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar Pandey-II, learned Amicus Curiae for the appellant and Mr. Ravi Prakash, learned A.P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 1/11/2002 passed by Sri Rai Bhawani Nandan Sahai, Addl. Distt. & Sessions Judge, Fast Track, Court No. 1, JSR, East Singhbhum in Sessions Trial No. 151 of 2000 whereby and whereunder the appellant has been convicted for the offence under Sec. 307 of I.P.C. and acquitted under Sec. 498 (A) of the I.P.C. and has been sentenced to undergo rigorous imprisonment for ten years for the offence under Ss. 307 of the Indian Penal Code along with a fine of Rs.1,000.00.

(3.) The prosecution story, in brief, is that on 12/11/1997, the informant was sleeping at her parent's house along with her children Santosh, Sambhu and Usha and her mother and Uncle Diwakar Mahto were sleeping in the same room. It has been alleged that during Dussehra, she had some differences with her husband and that she came back to her parent's house. On 12/11/1997 in the wee hours, her husband gave a call through window and when she came near the window, her husband threw a plastic jar containing some inflammable substance, which resulted in catching fire on her cloths and subsequently fire was put off, but she sustained some burn injuries.