- (1.) Both the appellants on being tried, have been found and held guilty for the offence under Section 302/34 of the Indian Penal Code by common judgment dated 30.8.2000 passed by the Sessions Judge, Palamau in Sessions Trial No. 142 of 1999 and sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs. 2,000 each, in default thereof to further undergo simple imprisonment for six months. As both the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.
(2.) Brief facts leading to their conviction are that in the afternoon of 14.3.1998, informant Kayum Sah of village Naya Bazar was passing through Bazar and the appellants wanted to put colour on him to which he protested then appellant Mahendra Thakur asked appellant Radhey Sham Prasad to pour petrol on him. Further stated that appellant Radhey Shyam Prasad brought petrol kept in a container from his shop and threw it on his back, after which appellant Mahendra Thakur set him on fire with a match. The informant receiving burn injuries raised alarms and fell down. Many persons after which arrived at and got the fire extinguished. The informant received burn injuries on his chest, back, face and arms etc. He was shifted to Sadar Hospital, Daltonganj for treatment, where his fardbeyan was recorded by one A.S.I. Rameshwar Singh of Town Police Station at about 8.00 p.m. in presence of Minhaj Sah, the son of the informant.
(3.) This fardbeyan was forwarded to O.C. Bishrampur Police Station, on the basis of which Bishrampur Police Station Case No. 24 of 1998 dated 15.3.1998 was registered under Sections 341/324/307/34 of the Indian Penal Code. In spite of treatment, informant Kayum Sah succumbed to these burns injuries on 22.4.1998. Accordingly, charge-sheet was submitted under Section 302/341/34 of the Indian Penal Code against both the appellants. Their cases were committed to the Court of Sessions for trial. The learned trial Court, Sessions Judge, Palamau framed charge against both the appellants under Sections 341 and 302/34 of the Indian Penal Code. The defence pleaded not guilty and claimed innocence. However, after examining the witnesses, the learned trial Court found and held both of them guilty under Section 302/34 of the Indian Penal Code and sentenced them as stated above.;