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2015 DIGILAW 617 (PAT)

State of Bihar v. Parvez Alam

2015-04-21

AHSANUDDIN AMANULLAH, V.N.SINHA

body2015
JUDGMENT : Per-V.N. Sinha, J.-This Government Appeal is directed against the judgment dated 09.02.1993 passed by Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 124 of 1988 whereunder the husband, father-in-law and mother-in-law of the deceased, Sama Parveen have been acquitted of the charge under Sections 302/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. 2. The prosecution case, as set out in the fardbeyan of informant (chowkidar) recorded on 25.06.1987 at 8:15 a.m., is that he had come to place of occurrence village Bishambharpur, P.S. Bettiah Muffasil while he was moving on patrolling duty in the previous night and learnt that the daughter-in-law of Karim Ansari succumbed to burn injury around 5:00 p.m. in the evening. In light of the information furnished, informant proceeded to the house of Karim Ansari and saw her dead body lying with extensive burn injuries. Having seen the dead body, the informant also looked for Karim Ansari, his wife and son but they were not available in the house. Having seen the dead body, informant stated in the fardbeyan that victim has been burnt to death. Informant also stated in the fardbeyan that in the previous evening there was exchange of hot words between the deceased and her husband, the parents-in-law and soon thereafter the occurrence took place. In the fardbeyan, informant also expressed suspicion against the husband and the parents-in-law of the deceased that they have committed the occurrence. Fardbeyan of Kailash Raut (informant) was handed over to Mr. J.N. Jha, A.S.I., Nautan P.S. After receiving the fardbeyan Mr. J.N. Jha, A.S.I. took up investigation of the case and sent the fardbeyan to Officer In-charge Nautan P.S. for instituting a case under Sections 302/34 of the Indian Penal Code. In light of the fardbeyan, Officer In-charge Nautan P.S. registered Nautan P.S. Case No. 49 of 1987 dated 25.06.1987 for offence under Sections 302/34 of the Indian Penal Code with further endorsement that Mr. J.N. Jha, A.S.I. is already investigating the case. Later the fardbeyan was sent to Bettiah Muffasil P.S. on the basis of which Bettiah Muffasil P.S. Case No. 94 of 1987 dated 18.07.1987 was registered for offence under Sections 302/34 of the Indian Penal Code. Before registration of the case in Bettiah Muffasil P.S., the inquest of Sama Parveen (deceased) was conducted on 25.06.1987 at 8:30 a.m. by Mr. Later the fardbeyan was sent to Bettiah Muffasil P.S. on the basis of which Bettiah Muffasil P.S. Case No. 94 of 1987 dated 18.07.1987 was registered for offence under Sections 302/34 of the Indian Penal Code. Before registration of the case in Bettiah Muffasil P.S., the inquest of Sama Parveen (deceased) was conducted on 25.06.1987 at 8:30 a.m. by Mr. Sarwan Safi, A.S.I. Jagdishpur Camp Nautan P.S. in presence of Md. Jalil and Md. Khurshid. After inquest, the dead body of Sama Parvin was sent for post-mortem which was conducted on 26.06.1987 by the Civil Assistant Surgeon, M.J.K. Hospital, Bettiah. The Investigating Officer examined the neighbours of the deceased, her parents and in light of the findings recorded in the inquest report, post-mortem report and the police statement of the witnesses submitted charge-sheet on the basis of which cognizance of the offences was taken. After supply of the police papers, case was committed to the Court or Sessions. The trial Court framed charges under order dated 17.01.1989 to which the three respondents pleaded not guilty and claimed to be tried. 3. In support of the charge, prosecution examined as many as 15 witnesses. PW1 Md. Rafique is the father of the deceased, PW 2 Md. Ahmad Hussain and PW 3 Dildar Hussain are the brothers of the deceased. PW4 Dr. S.P. Verma is the civil Assistant Surgeon posted at M.J.K. Hospital, Bettiah who conducted post-mortem on the dead body of the deceased on 26.06.1987. PW 6 Nityanand Shukla and PW 7 Jagarnath Jha, both are the police officers as PW 6 submitted charge-sheet and PW 7 is the investigating Officer of the case. PW 8 Kurban Ali, PW 9 Rafi Ahmad, PW 10 Izhar Hussain are co-villagers of the deceased and PW 14 Mohammadin Mian is the neighbour of the deceased. PW 11 is the village chowkidar and informant of the case. PW 5 Md. Khurshid Alam and PW 12 Md. Murtuza have been declared hostile. PW 13 Md. Kalimullah and PW 15 Md. Jalil have been tendered. 4. The trial Court considered the medical evidence of the autopsy surgeon (PW 4) in the light of the injuries found by him in the post-mortem report (Exhibit-1) together with the evidence of the co-villagers and neighbours of the deceased. PWs 8, 9, 10 and 14 deposed contrary to the medical evidence. Jalil have been tendered. 4. The trial Court considered the medical evidence of the autopsy surgeon (PW 4) in the light of the injuries found by him in the post-mortem report (Exhibit-1) together with the evidence of the co-villagers and neighbours of the deceased. PWs 8, 9, 10 and 14 deposed contrary to the medical evidence. The testimony of the neighbours is not corroborated by the medical evidence. The neighbours were most natural witnesses of the occurrence and were the first person in the village to notice the occurrence. It appears from the evidence of PWs 8, 9, 10 and 14 that nothing untoward happened in the house of the accused persons in the evening of 25.06.1987 as from their evidence it is clear that these witnesses had their houses in the vicinity but they could not notice anything abnormal in the house. In light of their evidence, the trial Court concluded that the deceased perhaps suffered extensive burn injuries accidentally which resulted in her death and gave benefit of doubt to the accused persons. The trial Court having considered the evidence of witnesses has chosen to relay on the ocular evidence. 5. We see no reason to take a different view at the appellate stage and accordingly we see no merit in the Government Appeal, which is dismissed. Appeal dismissed.