- (1.) CRIMINAL appeal no. 497 of 2003 has been filed against the judgment of conviction dated 12.03.2003 and order of sentence dated 13.03.2003 passed by the learned Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 85 of 2002 convicting the appellant no. 1 ­ Rabindra Mahto under Section 302 of I.P.C. and sentencing him to undergo R. I. for life and convicting the appellant nos. 2, 3 & 4 under 498 A of I.P.C. and sentencing them to undergo R.I. for one year. The sentences awarded to appellant no. 1 were directed to run concurrently. The appellants have been acquitted from the charges under Sections 120-B and 304-B of I.P.C.
(2.) ACQUITTAL appeal (D.B.) no. 29 of 2003 has been filed on behalf of the State against the same judgment. The prosecution case in short is that Yamuna Mahto (deceased) gave a fard beyan before police on 22.12.2001 at about 9:15 A.M. in the burn ward of the hospital to the effect that she was married with appellant no 1 ­ Rabindra Mahto on 27.4.2001. For about a week or so everything was alright. Thereafter, her mother-in-law (A 2 ­ Kanaklata Mahto), father-in-law (Raj Kishore Mahto), husband (A 1 ­ Rabindra Mahto) and sister-in-law (A 4 ­ Laxmikant Mahto) started beating her on trivial matters. Her father-in-law and mother-in-law and other family members used to taunt her for not bringing Gas and Burner in the marriage. At about 5:00 in the morning, when she was preparing breakfast in the kitchen for her father-in-law who was going on duty, her husband Rabindra Mahto came from behind and suppressed her mouth and poured kerosene oil on her and set her on fire by match. She started crying. Her mother-in-law and father-in-law came there, but they did not try to save her. She does not know how she was brought to hospital. Prior to alleged occurrence her Nanad (A 4) assaulted her. Few days earlier her husband (A 1) cut her hands by blade. All the people tortured her. When her parents came, she told them about their demands and beating by them. The appellants had burnt her badly. Due to burns in hand, she was not in a position to write her name. Earlier also there was case between the parties. The informant Yamuna died on 27.12.2001 in hospital during treatment due to septicaemia on account of burn injuries. The said fard beyan was treated as dying declaration.
(3.) P.W. 1 and 2 are the neighbours of the informant and P.W. 3 is her brother, P.W. 4 is her father, P.W. 5 is her mother, P.W. 6 is the doctor in whose presence the alleged dying declaration was recorded, P.W. 7 is the doctor who conducted post mortem, P.W. 8 is the police officer who recorded the said dying declaration, P.W. 9 is the investigation officer. First of all we take up the Acquittal Appeal (D.B.) No. 29 of 2003. State counsel contended that all the ingredients for conviction under Section 304-B of I.P.C. are present in this case, and therefore, the appellants could not be acquitted for that offence.;