Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.396 of 1989 --------- Appeal against the Judgment and Order dated 28-7-1989 passed By Sessions Judge, Sitamarhi in Sessions Trial No. 216 of 1988 --------- Bilas Sah, Son of Dharishan Sah, resident of Village Harnahi, Police Station Shivhar, District- Sitamarhi…………………..Appellant Versus The State of Bihar……………………………………Opp. Party ------------ Appearance : For the Appellant/s : Mr. Vindhya Keshari Kumar, Sr. Advocate, Smt. Ranjana Sinha, Advocate & Mr. Neeraj Kumar @ Sanidh, Advocate For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH) Date: 13-07-2012 Shiva Kirti Singh, Vikash Jain, JJ The sole appellant has preferred this appeal against the Judgment and order dated 28th July, 1989 passed by Sessions Judge, Sitamarhi in Sessions Trial No. 216 of 1988 whereby the appellant has been convicted under [STATUTE] and sentenced to rigorous imprisonment for life. Patna High Court CR. APP (DB) No.396 of 1989 dt.13-07-2012 2 / 12 2 2. According to the prosecution case deceased Ram Pukar Mahto suffered burn injuries caused by his co-villager, the appellant, in the night between 22nd and 23rd. March, 1988 at their village Harnahiya situated under Shivhar police station in the then district of Sitamarhi. In injured condition Ram Pukar Mahto was taken by his relations and co-villagers to the Divisional Hospital at Shivhar and on getting information from the hospital the Officer-in-Charge of Shivhar police station,V.N. Thakur (P.W.14) went to the hospital and recorded the Fardbeyan (Exhibit-3) of injured Ram Pukar Mahto allegedly at 4.15 hours in the morning. The time has been seriously challenged by the defence which has alleged tampering by overwriting and that on closure scrutiny the document would show that the time of recording of fardbeyan was mentioned as 7.15 hours. The contents of the fardbeyan disclose that injured Ram Pukar Mahto, the deceased who subsequently died on the same day prior to 11 A.M. alleged that he was sleeping alone on a mat ( Chatai) at his Darwaja and at about 11 P.M. he woke up when his whole body had started burning. As soon as he woke up he saw the appellant Bilas Sah standing there and the appellant ran away. By that time fire had spread to his whole body but still he ran behind the appellant. By the time he reached near the appellant’s house, he was badly burnt and fell down in a drain situated near the house of the appellant which contained water. Co-villager Kamal Raut ( not examined ), Janki Thakur (P.W.4), Bhikhar Sah ( P.W.5) and his brother Ramautar Mahto (P.W.12) reached there and took him out from the drain. He disclosed to those persons that the appellant had put fire to his body. His brother Ramautar Mahto, Baidhnath Mahto (P.W.7) and Kapil Mahto ( (not examined) Patna High Court CR. APP (DB) No.396 of 1989 dt.13-07-2012 3 / 12 3 brought him to Shivhar Hospital . There he was put under treatment. As per recital in the fardbeyan, the content of the fardbeyan was read over to him and finding the same to be true he put his thumb impression . The fardbeyan also bears the L.T.I. of Ramautar Mahto (P.W.12) and signature of the Sub- Inspector of Police, V.N. Thakur. 3. The formal F.I.R. ( Exhibit-5) was drawn-up on 23-3- 1988 allegedly at 5.00 hours under [STATUTE] . but later on the same was converted into [STATUTE] . because the injured informant as noted earlier died on the same day prior to 11.00 hours when the inquest report (Exhibit-7) was prepared in the Subdivisional Hospital, Shivhar. 4. After recording statement of witnesses and inspection of the place of occurrence and on completion of investigation charge-sheet was submitted against the appellant. After cognizance the case was committed to the court of Sessions where charge under [STATUTE] . was framed and read over to the appellant. On his plea of not guilty the court below held the trial and ultimately convicted the appellant as noted above. 5. The defence of the accused appears to be complete denial of charge leveled against him. 6. The prosecution has examined altogether 14 witnesses. However, the material witnesses are those whose presence are indicated in the F.I.R. They are P.W.4 Janki Thakur, P.W.5 Bhikhar Sah, P.W.7 Baidyanath Mahto, P.W.9 Bhadai Mahto who is father of the deceased and P.W.12 Ramautar Mahto who is brother of the deceased. P.W.3, Dr. Awadh Kishore has conducted autopsy and has proved the postmortem report (ext.2) Patna High Court CR. APP (DB) No.396 of 1989 dt.13-07-2012 4 / 12 4 P.W.14, A.S.I. Vivekanand Thakur is the main Investigating Officer. Later on S.I. Nagendra Prasad Singh (P.W.13) took over charge of investigation, merely received the postmortem report and later on handed over charge of investigation to another Sub- Inspector of Police who submitted charge sheet. 7. P.W.4, Janki Thakur is not related to the deceased. He has deposed in his chief that on the date of occurrence he woke up on hearing hulla and when he reached near a well close to shop of the appellant he found Ram Pukar Mahto in burning condition lying in a drain. He claims to have run away and come back to his Darwaja. He did not participate in taking out Ram Pukar Mahto from the drain or setting out the fire. According to him Ram Pukar Mahto did not disclose name of the person who had burnt him. He claims that he did not take Ram Pukar Mahto the deceased to Shivhar hospital. He has been treated as a hostile witness and subjected to cross-examination in respect of his statement made to the Investigating Officer. P.W.5 Bhikhar Sah also woke up on hearing hulla and saw Ram Pukar Mahto in burning condition in the drain near a well situated in front of the shop of the appellan

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.