BHARAT MAHTHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 03.12.1997, passed by the 3rd Addl. Sessions Judge, Deoghar, in Sessions Trial No. 10 of 1997 whereby learned Addl. Sessions Judge, Deoghar convicted the appellant, for committing the offence under Section 302 of the Indian Penal Code and thereby, sentenced him to undergo rigorous imprisonment for life.

(2.) THE prosecution case, in short, is that on 23.08.1996, at about 10.00 P.M., the appellant, that is the husband of the deceased (Babita Devi), pulled her in his room, situated at Barmashia within Deoghar Police Station and sprinkled kerosene oil on her body and thereafter lighted matchstick on her cloth and bolted the room from outside living his wife inside the room. When Babita Devi, appellant's wife started burning, she raised Hulla of 'Bachao Bachao'. On hearing her cries, her father -in -law i.e. father of the appellant, namely, Moti Mahtha opened the door and tried to remove the saree from the body of the deceased Babita Devi and in that process; he also received severe burn injuries. It is stated that after sometimes, when the appellant and his brother Anil (P.W. -1) saw that their father Moti Mahtha also caught fire then they came and tried to extinguish the fire and in the process, they also sustained some burn injuries. Thereafter, Anil Mahtha, brother of the appellant brought Babita Devi and his father -Moti Mahtha to Deoghar Hospital on a Rickshaw for treatment. In course of the treatment, Babita Devi as well as Moti Mahtha both succumbed to death due to burn injuries.

(3.) SUBSEQUENTLY , the case was committed to the court of Sessions and the charge was framed, which the appellant pleaded not guilty and was put on trial.