- (1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 10.12.1996 passed in Sessions Trial No. 443 of 1994 by Sbri G.K. Verma. 2nd Additional Sessions Judge, Jamshedpur whereby and whereunder both the appellants were found guilty for the offence punishable under Sections 306/34 and 498 -A/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for seven years and two years respectively and appellant Mahesh Singh was also found guilty for the offence punishable under Section 354 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for two years. However, the aforesaid sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of Indu Devi, the lawfully wedded wife of appellant Suresh Singh recorded by ASI, L.N. Singh of Bistupur P.S. on 25.2.1994 at 10.00 hours in Room No. 2 of the Burn Centre Unit of Tata Main Hospital, Jamshedpur regarding the occurrence which is said to have taken place on 23.2.1994 at 15.00 hours inside the house of the appellants situate at village - Kashidih, P.S. Sakchi, Jamshedpur, District East Singhbhum and the case was instituted against both the appellants by drawing of the formal FIR (Ext. 2) on that very day at 13.30 hours under Sections 498 - A and 354 of the Indian Penal Code. The informant died on 2.3.1995 as a result of burn injuries sustained by her and offence under Section 306 of the Indian Penal Code was added in the formal FIR The prosecution case, in brief, is that the informant poured kerosene oil on her person and has set herself on fire by match stick at 15.00 hours on 23.2.1994 in anger. It is alleged that appellant Mahesh Singh and her husband Suresh Singh are twin brothers and appellant Mahesh Singh is elder to him by one minute and he had evil eyes on her and always used to tease her which she never liked and used to protest and at this he used to make false complaint to her appellant - husband Suresh Singh, who used to beat her invariably. It is also alleged that appellant Suresh Singh used to treat her with cruelty and also used to assault her at the instance of appellant Mahesh Singh. The prosecution case further is that appellant Mahesh Singh had got her beaten by appellant Suresh Singh on the day of the occurrence and she has set herself on fire and at this appellant Mahesh Singh became very happy. It is also alleged that appellant Mahesh Singh used to attempt to outrage her modesty but she used to skip to save herself.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case.;