IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.507 of 2002

Arising Out of PS.Case No. -null Year- null Thana -null District- SITAMARHI

===========================================================

1. Jagdish Raut, son of Late Tilak Raut.

2. Fulo Devi, wife of Jagdish Raut.

Both resident of village-Kanhma, P.S. Bela, District Sitamarhi.

.... .... Appellants.

Versus

The State of Bihar. .... .... Respondent.

===========================================================

Appearance :

For the Appellants : Mr. Animesh Kumar Mishra, Amicus Curiae

For the Respondent : Mr. Binod Bihari Singh-I, A.P.P.

===========================================================

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

ORAL JUDGMENT

Date: 16-10-2017

Heard Mr. Animesh Kumar Mishra, Amicus Curiae,

for the appellants and learned A.P.P. for the State.

2. This criminal appeal has been preferred against

the judgment and order of conviction and sentence dated 03.09.2002

passed by the 4^thAdditional Sessions Judge, Sitamarhi in Sessions

Trial No.223/98, arising out of Bela P.S. Case No.21/96, whereby the

learned trial Court acquitted the accused Bharath Raut and convicted

the accused Jagdish Raut and Fulo Devi for the offence punishable

under Section 306 of the Indian Penal Code and sentenced them to

undergo rigorous imprisonment for seven years each and also slapped

them with a fine of Rs.2000/- each and in default of payment of fine

to further undergo rigorous imprisonment for one year under Section

306 of the Indian Penal Code.

3. The factual matrix of the case is that Bela P.S.

Patna High Court CR. APP (SJ) No.507 of 2002 dt.16-10-2017

2 / 10

Case No.21/96 was instituted under Sections 324/307/306/498A/34 of

the Indian Penal Code against the accused Jagdish Raut and Fulo Devi

on the basis of fardbeyan of Urmial Devi, wife of Bharat Raut resident

of village Kanwa, P.S. Bela District Sitamarhi recorded by S.I. I.S.

Choudhary Officer-in-Charge P.S. Bela on 15.05.1996 at 21:45 hours

at the Primary Health Centre, Bela with the allegation in succinct that

after demise of first wife of her husband, her husband has performed

marriage with her 3-4 months back. After marriage, he started living

in her marital house. The father and mother of the first wife of her

husband, namely, Jagdish Raut and Fulo Devi respectively were also

living with her in the marital house. They used to subject her to

harassment and pass barb on her. Further allegation is that three days

back when her husband had gone to attend the marriage of his niece in

village Sadhari, P.S. Meenapur, District Muzaffarpur and the parents

of the first wife of her husband had stepped out of the house then

finding her alone in the house and being peeved up with the aforesaid

harassment and torture meted out to her at the hands of the aforesaid

persons, she locked the door of the courtyard and set her ablaze by

dousing kerosene oil on her. She made hulla. Responding the hulla

several neighbours entered into the courtyard by scaling the wall and

rushed her to the hospital where her condition is precarious.

4. The aforesaid case was investigated by the police

Patna High Court CR. APP (SJ) No.507 of 2002 dt.16-10-2017

3 / 10

and on conclusion of the investigation and finding the case true, I.O.

submitted chargesheet under Section 306 of the Indian Penal Code

against the accused Jagdish Raut, Fulo Devi and Bharat Raut.

5. On receiving the chargesheet & case diary and

perusing the same, the learned Magistrate took cognizance of the

offence and committed the case to the Court of Sessions and on

transfer the case finally came in seisin of learned 4^th Additional

Sessions Judge, Sitamarhi for trial.

6. The charge against the aforesaid accused persons

was framed under Section 306/34 of the Indian Penal Code. Charge

was re