JUDGMENT :

Shree Chandrashekhar, J.

In Sessions Trial No.104 of 2010, Tigna Mistry and Yashoda Devi were convicted and sentenced to R.I for life and a fine of Rs.5000/- each under section 302/34 of the Indian Penal Code with a default stipulation to undergo S.I for two months.

2. Jarmundi (Hansdiha) PS Case No.15 of 2010 was lodged on 24.01.2010 under sections 342/307/326/323 read with section 34 of the Indian Penal Code, on an allegation that Tigna Mistry and his wife poured kerosene on Jayanti Devi and set her ablaze. The statement of Jayanti Devi was recorded at 02:00 PM on 24.01.2010 at Female Burn Ward, Sadar Hospital, Dumka by SI L.N. Ram, Dumka (Town) PS. She succumbed to the burn injuries the same day and accordingly the offence under section 302 of the Indian Penal Code was added in the report vide order dated 28.01.2010. The statement of PW1, PW2 and PW3 was recorded under section 164 of the Code of Criminal Procedure and the Judicial Magistrate, who has recorded their statements affirmed this in the Court. On completion of the investigation, a charge-sheet was laid against Tigna Mistry and Yashoda Devi for committing murder of Jayanti Devi in furtherance of their common int