- (1.) This appeal is directed against the judgment of acquittal dated 19th June, 2003, passed by the Additional Sessions Judge, Fast Track Court-III, Bokaro in Sessions Trial No. 202 of 1993, whereby and where under the accused persons/ respondents have been acquitted of the charges framed against them for the offence punishable under Sections 304 B, 306/34, 201/34 and 498A/34 of the Indian Penal Code.
(2.) The case of the prosecution as per the dying declaration of the deceased, recorded on 24.05.1990 in the Hospital, is that on 19.05.1990 at about 07.30 AM her mother-in-law, elder brother-in-law and Sister-in-law (Gotni) were abusing her brother, father and mother and were pressurizing for constructing new house and, as such, she went to the room situated on the first floor and put herself on fire by pouring kerosene oil. When she raised hulla, her husband came and extinguished fire by covering her body with quilt. Thereafter, on 08.06.1990 PW3 Kartik Rajak, brother of the deceased submitted a written report to the Officer-in-Charge, Chas Police Station, stating that the marriage of his sister Laxmi Devi (deceased) was solemnized with Manbodh Razajk (PW8), who is resident of Chas. On 19.05.1990, Devar (the younger brother-in-law) of the deceased came at Raniganj and informed him that his sister got burnt. The informant went to Chas and came to know that his sister is admitted in Bokaro General Hospital. When the informant reached hospital to see his sister, he found her in unconscious condition and the Doctor told that she got 90% burn injury. On 04.06.1990 at about 08.30 PM the deceased died during course of treatment at Hospital and this information was given to the informant on 05.06.1990 at about 09.00 PM through telephone. Thereafter, the informant along with his family members went to Chas and attended the cremation of the deceased and on 06.06.1990 he returned to his house at Raniganj due to sudden illness of his father and, therefore, he could not lodge the FIR in time. It is alleged by the informant that the death of his sister is not natural, rather she has been intentionally burnt to death by her in-laws.
(3.) On the basis of the information given by the informant (PW3), an F.I.R being Chas P.S. Case No. 84 of 1990 was registered against the accused persons and after completion of investigation the police submitted charge sheet under Sections 498(A)/306 and 201 of the Indian Penal Code, upon which cognizance of the offence was taken against them and the case was committed to the Court of Sessions where they were put on trial.;