VIKRAMADITYA PRASAD, J. - (1.) THE appellants stand convicted for the offence under Section 302/34, IPC and sentenced to undergo imprisonment for life.
(2.) THE following facts are not in dispute(i) The victim Savita Devi (deceased) was married to appellant No. 1 one year prior to her death (ii) on 16.6.1992 she received 3rd and 4th degree of burn injuries while she was in the house of her in -laws and (iii) she succumbed to that injuries in the same night. Ext. 2The fardbeyan of the victim who subsequently died was recorded by one S.I., A.K. Jha at 23.15 hours on 16,6.1992 at the Patliputra Medical College and Hospital in the Surgical Ward No. 81E wherein the victim stated that she was married to Raj Kumar one year back and when she came to her matrimonial house, her mother -in -law, A.2 and her husband (1994)2SCC, used to tell that your brother had given nothing and not even a Tickley. She had passed in confrontation of these events. In her Naihar, on 16.6.1992 when after doing the household works, she was sleeping, at about 4.00 p.m. Al and A2 came into the room and told that she did not work rather she was always sleeping, then they assaulted her the mother -in -law A2 ordered that she would be burnt to death. Then Al put K. Oil on her head and set fire with a matchbox and bolted the door from outside. Because of the burns, she started crying and also started dashing the door, When after sometime on her cries, people came and opened the door, took her out and brought her to hospital. Thus, the victim claimed that Al and A2, in order to kill her had poured K. Oil on her head which had resulted in burn of her face, chest, arms etc. On the FIR there is a thumb impression of the victim and she had stated that she has got the statements so recorded read over to herin presence of the brother. Sumeshwar Kush waha. PW 2, who also has signed the fardbeyan. Originally the fardbeyan (Ext. 1) was recorded under Sections 307/324/323/498A/34. IPC, but subsequently after the death of the victim the FIR was converted under Section 302. IPC.
(3.) THE charge -sheet was submitted under Sections 307. 324. 323. 498 -A/34 and 302. IPC but the charge was framed only under Section 302/34. IPC against both the appellants. Both the appellants pleaded not guilty and claimed to be tried, vide the order dated 15.5.1993 of the trial Court.;