RAJ KUMAR PASWAN SON OF UPACHEYA PASWAN AND; UPADHEYA PASWAN SON OF LATE RAMDHANI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 304 Part II/34 Indian Penal Code. Whereas, Appellant No. 1 has been sentenced to undergo rigorous imprisonment for seven years, Appellant No. 2 has been sentenced to undergo rigorous imprisonment for five years by the 3rd Additional Sessions Judge, Aurangabad, in Sessions Trial No. 286 of 1990/ 8 of 1991 by judgment dated 14th February, 1996 and order of conviction dated 19th February, 1996.

(2.) The case of the prosecution as disclosed in the fard-e-bayan purportedly given by the P.W.4 is that he suddenly heard the cries of the deceased and saw the accused persons with kerosene and the deceased having been set on fire. After she was injured, she was taken to the village Compounder, who gave first aid, where after she was removed to the State Dispensary where she was being treated. This occurrence is said to have taken on 12.09.1989, whereas, the dying declaration was recorded on 13.09.1989 and the deceased is said to have died on 08.10.1989.

(3.) During trial, the prosecution examined twelve witnesses out of whom P.W. 1, 2 and 3 are merely on the factor of occurrence that the deceased had been injured, whereas, P.W.4 is the informant, who did not support his own fard-e-bayan. P.W. 5 and 6 are seizure list witnesses and P.W.7 is formal search witness. P.W. 8 and 9 denied the factor of occurrence. P.W.10 is the second Investigating Officer. P.W.11 is the doctor, who initially treated the injured and found the deceased having sustained 60% burn injuries. P.W.12 is a formal witness, who identified the dying declaration. The Block Development Officer who recorded the dying declaration has been examined as Court Witness No. 1.