DHARMVEER RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in all the three Appeals were convicted and sentenced in Sessions Trial No. 1371 of 2010 /Trial No. 59 of 2012 by Sri Danpal Singh, learned Additional Sessions Judge -VII, Patna (hereinafter referred to as the "trial judge"), and as such, all the three Appeals were taken up together and are being disposed of by this common judgment. All the appellants were convicted on 19.01.2015 for commission of offence under Section 304(B) of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C.") and by order of sentence dated: 22nd January, 2015 they were directed to undergo rigorous imprisonment for life. The appellants were tried together in Session Trial No. 1371 of 2010 / Trial No. 59 of 2012 ( arising out of Ram Krishna Nagar P.S. Case No. 75 of 2008).

(2.) Short fact of the prosecution case is that on 04.12.2008 at about 10.45 A.M. fardbeyan of Priti Kumari (deceased) was recorded in the emergency ward of Patna Medical College and Hospital, Patna (hereinafter referred to as the "P.M.C.H."). The fardbeyan was recorded by Assistant Sub Inspector of Police of Pirbahore Police Station. In the fardbeyan it was disclosed by Priti Kumari that her marriage was solemnized in the month of pSr with Dharmveer Rajak [ appellant in CR. APP (DB) No. 297 of 2015], S/o Sri Vijay Rajak [appellant in CR. APP (DB) No. 296 of 2015] resident of Mohalla- Jaganpura, Police Station:- Ram Krishna Nagar, District:- Patna. After marriage she was being threatened by her husband, mother-in-law and father-in-law regarding dowry and they were saying that if same is not fulfilled, she would be done to death. She was often being assaulted. Even thereafter, she was peacefully living with her in-laws members. In the morning at 6.00 A.M. on the same day ( 4.12.2008) her husband , mother-in-law and father-in-law, all with a view to kill her had poured kerosene oil and ignited it whereby she received serious burn injury. On her crying, residents of nearby arrived there and after lifting her, they had carried to P.M.C.H. where she was under treatment. She stated that the said fardbeyan was read over to her and after finding it correct she anyhow put her thumb impression. The said fardbeyan was also signed by Akhilesh Rajak (P.W. 8). The said fardbeyan was forwarded to the Ram Krishna Nagar Police Station and thereafter on the same day i.e. 04.12.2008 at 19.00 hours (7.00 P.M.) a formal F.I.R. vide Ram Krishna Nagar P.S. Case No. 75 of 2008 was registered for the offence under Sections 341/ 323/ 326/ 307/ 498(A) /34 of the I.P.C. and Section 3 and 4 of the Dowry Prohibition Act, 1961. Subsequently, after the death of the informant, on 14.01.2009 Section 304(B) of the I.P.C. was added. The F.I.R. was lodged against three accused persons, who are appellants before this Court.

(3.) After investigation, on 30.09.2009 Police submitted charge- sheet under Section 304(B), 34 of the I.P.C. and on 21.12.2009 learned Chief Judicial Magistrate, Patna took cognizance of the offence and after completing formalities under Section 207 of the Cr.P.C. the case was committed to the court of Sessions on 07.09.2010. Thereafter, the case was numbered as Sessions Trial No. 1371 of 2010. In the case on 24.11.2010 charges were framed jointly against all the appellants for offence under Sections 302/34, 304/34, 304(B)/34 of the I.P.C.