Case Facts:
Patna High Court D. REF. No.12 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Death Reference No.12 of 2010 With Criminal Appeal (DB) No.1248 of 2010 ------------ Reference made by Mr.Anup Kumar Verma, learned Sessions Judge, West Champaran, Bettiah under Letter No.1995 dated 5.10.2010 and appeal against the judgment of conviction and order of sentence dated 5.10.2010 passed by Mr. Anup Kumar Verma, learned Sessions Judge, West Champaran, Bettiah in Sessions Trial No.252 of 2009. =========================================================== State Of Bihar .... .... Petitioner Versus Guddu Chaubey son of Babu Man Choubey, resident of village-Sonasati, P.S.- Shikarpur, District-West Champaran Condemned prisoner- Respondent (In Death Reference No.12 of 2010) =========================================================== Guddu Choubey son of Babu Man Choubey, resident of village-Sonasati, P.S.- Shikarpur, District- West Champaran .... .... Appellant Versus State Of Bihar .... .... Respondent (In Cr.Appeal (DB) No.1248 of 2010) =========================================================== Appearance : For the Appellant/s : Mr.Suraj Narain Prasad Sinha, Sr.Adv. with Mrs. Meera Kumari Ms.Aparna Bharti Mr.Jitendra Narain Sinha Mrs.Shikha Roy Mr.Ravi Bhardwaj For the Respondent/s : Mr. Ashwani Kumar Sinha, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) ------------- 1. By a judgment pronounced on 5th October 2010 in Sessions Trial No.252 of 2009 (G.R. Case No.1761 of 2008) arising out of Shikarpur P.S. Case No.192 of 2008 the learned Sessions Judge, West Champaran, Bettiah found Guddu Chaubey Patna High Court D. REF. No.12 of 2010 2 guilty under [STATUTE] . The sole accused was tried for the offence punishable under [STATUTE] . He was acquitted of the charges under [STATUTE] . The learned Sessions Judge passed sentence of death against the sole accused under [STATUTE] and further sentenced him to undergo rigorous imprisonment for one year for the offence punishable under [STATUTE] . 2. The learned Sessions Judge has submitted the proceeding under section 366 of the Code of Criminal Procedure which has been numbered as Death Reference No.12 of 2010. The condemned convict has also preferred an appeal being Cr.Appeal (DB) No.1248 of 2010. Both, the death reference and the criminal appeal have been heard together and are being disposed of by a common judgment. 3. The prosecution case is based on the oral statement of victim Rani Kumari recorded by Sub.Inspector of Police, Mr. Jamaluddin Khan (P.W.8) on 17.7.2008 at 7.40 p.m. in Primary Health Centre, Narkatiaganj. It has been stated that on 17.7.2008 itself while she was returning from her school, the appellant Guddu Chaubey chased her. She came to her house, changed her dress and went to the house of her friend Shweta Kumari (P.W.6). The Patna High Court D. REF. No.12 of 2010 3 appellant thereafter came to her house and sent her younger sister Saloni Kumari (P.W.5) to call her. Saloni Kumari came to the house of P.W.6 Shweta Kumari and told that Guddu uncle was calling her. She came to her house. The appellant gave Rs.50/- to her sister Saloni Kumari and asked her to bring five sachets Shikhar Gutka. When Saloni Kumari went to bring Shikhar Gutka, in the meantime the appellant forcibly took her inside a room and tried to commit rape. The informant protested, got herself released and came out of the room. The appellant again caught her and took her inside and asked her to lay down. When the informant refused to oblige and asked him to get out of her house the appellant poured Kerosene oil on her and after lighting a match stick threw it and set her on fire. The appellant, thereafter, fled away and the informant got severe burn injuries. It has also been stated in the oral statement that the contents were read over to her by Awadh Lal Prasad Bari (not examined), Janardan Mani Tiwary (P.W.2) and Rakesh Kumar Tiwari (not examined) and finding the same to be true and correct the informant put her LTI and signature over it. The Fardbeyan of the informant has been duly attested by the witnesses Awadh Lal Prasad Bari, Janardhan Mani Tiwary and Rakesh Kumar Tiwary. 4. As stated above, the fardbeyan was recorded at 7.40 a.m. in Primary Heath Centre, Narkatiaganj and the same reached to the police Station on the same day at 11.15 p.m. when Patna High Court D. REF. No.12 of 2010 4 Shikarpur P.S. Case No.192 of 2008 dated 17.7.2008 was alleged to be registered for the offence punishable under [STATUTE] and investigation was taken up by P.W.8 Jamaluddin Khan himself. It appears that in course of investigation by order dated 25.8.2008 the learned Chief Judicial Magistrate added [STATUTE] in the first information report. The victim was first taken to Narkatiagnaj Primary Health Centre. P.W.9 Dr.Chandra Bhushan, who was posted as a Medical Officer, Narkatiaganj Primary Health Centre on the relevant date i.e. 17.7.2008 examined the victim Rani Kumari at 8.30 p.m. and after initial treatment referred her to M.J.K. Hospital, Bettiah for better treatment. It appears that the victim was thereafter from M.J.K. Hospital, Bettiah taken to Patna Medical College Hospital, Patna. She died on 10.8.2008 in the Patna Medical College Hospital, Patna and on the same day her postmortem examination was conducted. Upon completion of investigation, the police submitted charge sheet against the appellant. The learned Magistrate took cognizance of the offence and committed the case to the court of sessions for trial where charges under sections 376, 302, 448 and 120B of the Indian

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.