IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) NO. 395 OF 2012

(Arising out of the judgment of conviction, dated

28^th February, 2012 and the order of sentence,

dated 01^st March, 2012, passed in Sessions Case

No. 237 of 2010 arising out of Rajoun Police

Station Case No. 98 of 2009 by Shri Jyotindra

Kumar Sinha, 1^st Additional Sessions Judge,

Banka)

1. Akhlesh Prasad Singh @ Akhileshwar Singh S/O Late Yogi Singh

Resident Of Village- Rampur, P.S.- Rajoun, District- Banka

2. Poonam Devi W/O Akhileshwar Singh Resident Of Village-

Rampur, P.S.- Rajoun, District- Banka

.... .... Appellants

Versus

1. The State Of Bihar

.... .... Respondent

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Appearance :

For the Appellants : Mr. Braj Nandan Prasad, Advocate

For the State : Mr. A. K. Sinha, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

AND

HONOURABLE MR. JUSTICE V.N. SINHA

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

Date: 27 -01-2014

I. A. Ansari, J.

1. This appeal has put to challenge the judgment,

dated 28.02.2012, passed, in Sessions Case No. 237 of 2010,

by the learned 1^st Additional Sessions Judge, Banka, whereby

the

accused-appellants,

Akhleshwar

Prasad

Singh

@

Akhileshwar Singh and Poonam Devi, stand convicted under

Section 302 read with Section 34 of the Indian Penal Code as

well as Section 326 read with Section 34 of the Indian Penal

Code. Following their conviction, as mentioned herein before,

Patna High Court CR. APP (DB) No.395 of 2012 dt.27-01-2014

2

they have been sentenced to suffer imprisonment for life and

pay a fine of Rs. 10,000/- each and, in default of payment of

fine, to undergo simple imprisonment for six months.

2. The case of the prosecution may, in brief, be

discussed thus:

(i) Deceased Renu Devi was wife of the informant

Gopal Prasad Singh (PW 4), PW 4 being son of PW 3 (Jagdish

Prasad Singh). On 30.06.2009, at about 7 PM, Renu Devi,

having served meals to her husband (PW 4), her father-in-law

(PW 3) and her brother-in-law, Rishi Kumar (PW 2), went

outside her matrimonial house to answer the call of the

nature. Having answered nature’s call, when she was

returning, her neighbours, accused Poonam Devi and her

husband, accused Akhleshwar Prasad Singh, came out of their

house together. While accused Poonam Devi was having, in

her hand, a lota (pot) containing petrol, accused Akhleshwar

Prasad Singh had a match box in his hand.

(ii) When Renu Devi was passing by the side of

accused Poonam Devi’s house, accused Poonam Devi threw

petrol from the lota on Renu Devi and accused Akhleshwar

Prasad Singh threw a burning match stick on her and set her

ablaze. Hearing the screams of Renu Devi, her husband, her

father-in-law and her brother-in-law came out of their house

and so did some of their neighbours, such as, PW 1 (Shyam

Singh). While Renu Devi’s husband, her father-in-law and

Patna High Court CR. APP (DB) No.395 of 2012 dt.27-01-2014

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brother-in-law saw accused Poonam Devi throwing petrol on

Renu Devi from the lota and her husband, accused

Akhleshwar Prasad Singh, throwing a burning match stick

towards Renu Devi and setting her on fire, their neighbour,

Shyam Singh (P.W.1), saw Renu Devi burning. Having put out

the fire, Renu Devi’s matrimonial family and her neighbours

took Renu Devi to Jawaharlal Nehru Medical College and

Hospital, Bhagalpur, at about 10:15 PM; but Renu Devi, while

remaining under treatment, succumbed to her burn injuries

on the very night of the occurrence.

(iii) On the very day of the occurrence, Renu Devi

had lodged a case against accused, Akhleshwar Prasad Singh,

Bishnu Singh and Poonam Devi, for having allegedly assaulted

her and committed theft.

(iv) Following the death of his wife, Renu Devi, a

fardbayan, which came to be treated as First Information