BABLU MALLIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the Judgment of conviction dated 24.04.2018 and Order of Sentence dated 25.04.2018 passed by learned Additional Sessions Judge, 15t Jamtara in Sessions Trial No.66 of 2016 arising out of Nala RS. Case No.13 of 2016 corresponding to GR. No.79 of 2016 whereby and where under the learned court below held the appellants guilty of having committed offence under Sec. 304B/34 of the Indian Penal Code and sentenced the appellant-accused No.1- Bablu Mallik to undergo rigorous imprisonment for 8 years and the appellant-accused No.2-Kali Mallik to undergo rigorous imprisonment for 7 years.

(3.) The case of the prosecution as unfolded in the Fardbeyan of the informant-deceased-Lakhi Mallik is that she was married to appellant-accused No.1- Bablu Mallik five years prior to the occurrence according to Hindu rites and customs. Since after her marriage, her husband namely Bablu Mallik being the accused-appellant No.1 and her mother-inlaw being the accused-appellant No.2- Kali Mallik used to continuously abuse, assault and torture her. On 201.2016, her husband being the appellant-accused No.1 abused her and assaulted her. For that reason at about 4:30 p.m., the deceased-Lakhi Mallik poured kerosene oil over herself and set herself on fire. After catching of fire she raised alarm but none of her family members came to her rescue. The neighbours assembled and extinguished the fire by pouring water over her body and immediately she was taken to Community Health Centre, Nala and from there, for better treatment, she was referred to Asansol. During the course of her treatment at Sub Divisional Hospital, Asansol her Pardbeyan was recorded by police in which she stated that both the appellants were continuously demanding a motorcycle and ear-ring and for that reason both the appellant-accused persons used to abuse, assault and torture her and for that reason she set herself on fire. On the basis of the Fardbeyan of the informant, Police registered Nala PS. Case No.13 of 2016 and took up the investigation of the case and submitted Final form against the appellant-accused persons.