BALDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal has been preferred against the impugned judgment of conviction dated 27.04.2004 and order of sentence dated 28.04.2004, passed by learned 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 220 of 2001, whereby the appellant, who has been charged under Sections 307/34 and 324/34 of the Indian Penal Code has been held guilty for the charge under Section 326 of the Indian Penal Code and awarded rigorous imprisonment for three years for the offence committed and punishable under Section 326 of the Indian Penal Code. But by the same impugned judgment, learned trial court has acquitted co-accused Tarsem Singh of all the charges.

(2.) The prosecution case is based upon the fardbeyan of Binder Kaur (P.W. 5), wife of Baldeo Singh, recorded by Sub-Inspector of Police Kusum Pathak of Bistupur Police Station, on 08.02.2000 at T.M.H., Burn Casualty Unit at 13.30 Hrs., where informant has alleged that on 21.01.2000 at around 5.30 A.M. while she was preparing tea for herself, her husband demanded money for wine, but the informant refused to give money to him. Thereafter, her husband came from the back of the informant and poured kerosene oil on her body and ignited the matchstick. The informant has further stated that her mother-in-law and father-in-law were seeing the occurrence and her three daughters were sleeping. When the informant raised brawl for rescue, eldest daughter woke up and started crying but her mother-in-law and father-in-law, who were standing there said that "let her die". It is further stated that the eldest daughter Kuldeep Kaur, aged about 11 years, opened the door and called an auto ricksaw (tempo). Informant has further stated that as soon as the door was opened, her husband put a quilt on the body of the informant to extinguish the fire and thereafter the eldest daughter has poured some water and took her on auto rickshaw to the police station. From there informant's mother, sister and brother brought her to T.M.H., where she is undergoing treatment. The informant has further stated that her husband has threatened her that if she will give statement against him, he will kill all the three daughters by putting them on fire and as such, she could not disclose the fact on the alleged date of occurrence but subsequently after gaining confidence, she has given her fardbeyan.

(3.) On the basis of the fardbeyan of the informant, police has registered Sidhgora P.S. Case No. 15 of 2000 dated 08.02.2000 under Sections 498 (A)/ 307/ 324/34 of the Indian Penal Code against three named accused persons.