JUDGMENT

A. M. BADAR, J.:–

By this appeal, Appellant/convicted accused Chhutaharu Mandal is challenging the Judgment and order dated 22.01.2014 and 24.01.2014 respectively passed by the learned Adhoc Additional Sessions Judge IV, Araria in Sessions Trial No. 281 of 2011 (Trial No. 49 of 2011) arising out of Forbesganj P.S. Case No. 78 of 2008, thereby convicting him of the offence punishable under Sections 302 and 447 r/w Section 34 of the Indian Penal Code. For the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code, he is sentenced to suffer imprisonment for life apart from imposition of fine of Rs.10,000/- and in default to undergo rigorous imprisonment for three years. He was not separately sentenced for the offence punishable under Section 447 of the Indian Penal Code. For the sake of convenience, the appellant/accused shall be referred to in his original capacity as “an accused”.

2. Facts in brief projected from the police report leading to the prosecution of the accused can be summarized thus:—

a. It is case of the prosecution that at about 8 P.M. of 11.02.2008, at her own house, the accused sprinkled kerosene on person of Gulabi Devi (since deceased) and set her ablaze causing her death on 19.02.2018.

b. Gulabi Devi wife of Uganand Mandal was resident of village Hingna Aurahi falling under jurisdiction of Simraha Police Station in Araria District of Bihar. The accused is also resident of the same village. Gubabi Devi (since deceased) is the first informant who has set the criminal law in motion. As reflected from the FIR lodged by her at 2.15 P.M. of 12.02.2008 at the Referal Hospital, Forbesganj, at about 8 P.M. of 11.02.2008, she was sitting in the front yard of her house and was peeling the groundnut pods. At that time, accused/appellant Chhataharu Mandal came from behind and sprinkled kerosene on her person and thereafter set her ablaze by throwing a burning matchstick on her person. It is further reported by First Informant Gulabi Devi that when she turned behind to see, she saw Mungai Mandal, Gopal Mandal, Somal Mandal, Upendra Mandal, Ramdeo Mandal, Anmol Mandal and Mithu Mandal running away from her front yard. The First Informant further reported that thereafter her mother-in-law, i.e, PW 5 Kaila Devi starting shouting as well as extinguishing the fire. Villagers such as Yogendra Mandal, Bulanti Devi, Sita Ram Mandal and others came and extinguished fire from her person. As reported by the First Informant because it was late hour of the night and as no vehicle could be arranged, she stayed in the house and came to the hospital on the next day, i.e., on 12.02.2008. She stated that her medical treatment is going on at the Referal Hospital, Forbesganj. The FIR lodged by Gulabi Devi (since deceased) came to be recorded recorded by ASI Ram Prasan Prasad of the Forbesganj Police Station at the Referal Hospital, Forbesganj.

c. On the basis of the FIR of Gulabi Devi, Crime No. 78 of 2008 came to be registered for the offences punishable under Sections 341, 447 and 304 r/w 34 of the Indian Penal Code against eight accused persons including present appellant/accused Chhutaharu Mandal and the investigation commenced. Statements of the witnesses came to be recorded by the Investigator. During the course of investigation, while taking treatment at the Sadar Hospital, Purnia, Gulabi Devi wife of Uganand Mandal succumbed to the burn injuries on 19.02.2008. Thereafter Section 302 of the Indian Penal Code came to be added to the case diary of the crime.

d. Post-mortem examination on dead body of Gulabi Devi came to be conducted by P.W. 8 Veer Kumar Singh. On completion of routine investigation, as seen from the record initially two other accused persons namely Somal Mandal and Mungai Mandal came to be charge sheeted and after committal, Sessions Trial No. 540 of 2009 came to be registered for prosecuting them. Subsequently, accused herein Chhutaharu Mandal came to be charge sheeted and on committal, Sessions