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2022 Supreme(Pat) 441

A. M. BADAR, RAJESH KUMAR VERMA
Satyanarayan Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : M/s Vikram Deo Singh, Mira Kumari, Shalini Raut.
For the State : M/s Prince Kumar Mishra, S.B. Verma.

A. M. BADAR, J.:–By this appeal, appellant Satyanarayan Yadav, who happens to be husband of deceased Lakhi Devi, is challenging the Judgment and Order dated 04.03.2014 and 06.03.2014 respectively passed by the learned Adhoc Additional Sessions Judge-I, Katihar, in Sessions Trial No.377 of 2012 thereby convicting him of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment apart from imposition of fine of Rs.5000/- and default sentence of simple imprisonment for two months. He, however, came to be acquitted of the offence punishable under Section 4 of the Dowry Prohibtion Act. For the sake of convenience, the appellant shall be referred to as an “accused”.

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

(a) It is case of the prosecution that at about 02.30 P.M. of 20.10.2011, the accused sprinkled kerosene on person of his wife Lakhi Devi at his residential house situated at Raghunathpur and incinerated her by throwing burning match stick at her.

(b) Lakhi Devi (since deceased) married the accused eight years prior to the incident in question. Out of this wedlock, she had given birth to four

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