Prakash Sharma vs The State Of Jharkhand
2023 Latest Caselaw 2579 Jhar

                          Cr. Appeal (DB) No. 207 of 2015
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Against the judgment of conviction and order of sentence dated 27.01.2015 passed by Shri Deepak Nath Tiwari, learned Additional Sessions Judge-II, Jamshedpur in Sessions Trial No. 378 of 2012.

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Prakash Sharma                        ---          ---          ---    Appellant
                                      Versus
The State of Jharkhand                ---          ---          ---    Respondent
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For the Appellant: Mr. Arun Kumar Pandey, Advocate
For the State:      Mr. Santosh Kumar Shukla, A.P.P
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                                    PRESENT
                   Hon'ble Mr. Justice Rongon Mukhopadhyay
                          Hon'ble Mr. Justice Ambuj Nath
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Reserved on: 18.01.2023                                 Pronounced on: 3.08.2023
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This appeal is directed against the judgment of conviction and order of sentence dated 27.01.2015, passed by Shri Deepak Nath Tiwari, Additional Sessions Judge-II, Jamshedpur in Sessions Trial No. 378 of 2012 arising out of Kadma P.S. Case No. 106/2012 corresponding to G.R. No. 1752/2012, holding the petitioner guilty for the offence under section 302 I.P.C and thereby sentencing him to undergo rigorous imprisonment for life.

2. Prosecution case was instituted on the basis of the fardbeyan of the Informant Puja Sharma, wife of the appellant Prakash Sharma, recorded on 22.06.2012 at T.M.H. Burn Centre Unit, Jamshedpur. In her fardbeyan, she has stated that she was married to the appellant seven years ago and two children were born out of the wedlock. Her husband used to torture her. On 21.06.2012 at about 11.00 pm when she was sleeping with her husband, quarrel ensued between them. Her husband assaulted her and pushed her from the bed and poured kerosene oil and set her ablaze. On hearing her cry of alarm, her neighbour Ganesh and another lady came there and brought her to T.M.H, where she was undergoing treatment. The Informant Puja Sharma died during course of treatment.

3. After investigation, police found the occurrence to be true and submitted charge sheet against the appellant for the offence under section 302 I.P.C. Cognizance was taken by Sri S. Srivastava, learned Judicial Magistrate, 1st Class, Jamshedpur under the aforesaid section. Thereafter case was committed to the court of sessions on 14.09.2012, as it was exclusively sessions triable.

4. Charge was framed against the appellant on 07.03.2013 under section 302 I.P.C. Contents of the charge was read over and explained to the appellant in Hindi, to which, he pleaded not guilty and claimed to be tried.

5. In order to prove its case, prosecution has adduced both oral and documentary evidence. Ganesh Rao (P.W-1) has been declared hostile. Dr. J. Sri Nivas Rao (P.W-2) has performed postmortem on the dead body of the deceased. He has proved the postmortem report which is Ext-1. Dr. Amit Kumar Sinha (P.W-3) had examined the Informant / deceased when she was brought to the hospital. He has given certificate on her fardbeyan that the Informant / deceased was mentally fit to make her statement. He has proved his endorsement on the fardbeyan of the Informant which is Ext.2. Baiju Nag (P.W-4) and Parshuram Mallick (P.W-5) are inquest witnesses. Baiju Nag (P.W-

4) has proved the inquest report which is Ext.3. Jata Shankar Jha (P.W-6) is the Investigating Officer of this case. He has proved the place of occurrence, which is the matrimonial house of the deceased and the appellant.

6. On the basis of the evidence - both oral and documentary - available on the record, learned Additional Sessions Judge-II, Jamshedpur held the appellant guilty for the aforesaid offence and sentenced him accordingly.

7. Mr. Arun Kumar Pandey, learned counsel for the appellant, submitted that P.W- 1 Ganesh Rao, who is said to have admitted the Informant / deceased in hospital, has stated that the Informant was not in a position to speak. It was further submitted that in view of the statement of this witness, fardbeyan of the Informant which has been treated as dying declaration, is falsified. Accordingly, it was prayed that this appeal may be allowed and the appellant may be acquitted of the charges.

8. Mr. Santosh Kumar Shukla, learned A.P.P, has submitted that the Informant / deceased was in her full mental faculty to get her fardbeyan recorded. It was further submitted that there is endorsement of the doctor, who had examined her that she was mentally fit at the time of recoding her fardbeyan. As such, fardbeyan which is dying declaration of the deceased, cannot be doubted. It was prayed that this appeal may be dismissed.

9. In order to come to the aforesaid finding, it has to be determined:

(i) whether, the deceased Puja Sharma died homicidal death and,

(ii) whether, the appellant Prakash Sharma has caused her homicidal death?

10. The deceased Puja Sharma was admitted to the T.M.H hospital, Burn Centre Unit, Jamshedpur with burn injuries. She died during course of her treatment. From perusal of the inquest report (Ext.3), it transpires that the cause of death of the deceased Puja Sharma was due to burn injuries. Dr. J. Sri Nivas Rao (P.W-2) has performed postmortem on the dead body of the deceased and found the following ante mortem injuries on her person:-

"Dermoepidermal deep infected burn on face, neck, front chest and abdomen, both upper limbs, small part of the back of abdomen, front of both thigh & small part of right leg. Percentage of burn about 50%.

3. Other injury - mild contusion over right parietal lobe of the brain.

4. Opinion - (i) Burn was ante mortem

(ii) Injury was ante mortem and caused by hard and blunt object.

(iii) Death was due to septicemia & toxemia."

According to this witness, burn injury was ante mortem in nature and the injury on her right parietal of the brain was caused by hard and blunt substance. He has further stated that the death was due to septicemia and toxemia.

From perusal of the postmortem report (Ext.1), it is apparent that the findings of Dr. J. Sri Nivas Rao regarding the injury found on the person of the deceased which led to her death, fully corroborates his oral testimony in the court as P.W-2.

11. From the aforesaid facts, it is apparent that the deceased Puja Sharma had not only sustained burn injuries, but she has also sustained injury on her head which was caused by hard and blunt object.

12. Jata Shankar Jha, (P.W-6) has stated that the occurrence had taken place inside the bedroom of the deceased and the appellant. He has also stated that smell of kerosene oil was emanating from the entire house. From the description of the place of occurrence, it is apparent that the occurrence had taken place inside the bedroom of the deceased.

Though Ganesh Rao (P.W-1) has been declared hostile, but he has stated that the occurrence took place on 21.06.2012 between 11 to 11.30 pm. At this ungodly hour and that too in the bedroom of the deceased and the appellant, it cannot be conjured by any stretch of imagination that the deceased Puja Sharma had sustained accidental burn injury. Other mechanical injuries found on her head goes on to show that that she was subjected to violence before her death. Accordingly, I come to the finding that the deceased Puja Sharma died homicidal death.

13. It is further case of the prosecution that the appellant Prakash Sharma immolated his wife Puja Sharma. Jata Shankar Jha (P.W-6) has proved the fardbeyan of the deceased, which has been marked Ext.2/1. From perusal of fardbeyan of the deceased, it transpires that her fardbeyan was recorded on 22.06.2012. Dr. Amit Kumar Sinha (P.W-3), a Senior Medical Officer, T.M.H., has given certificate on her fardbeyan, stating therein that the fardbeyan of the Informant / deceased was recorded in his presence and the patient was mentally fit.

Dr. Amit Kumar Sinha (P.W-3) has stated that on 22.06.2012, he was posted as Senior Medical Officer at T.M.H. Burn Centre. He has further stated that the

fardbeyan of the Informant / deceased Puja Sharma was recorded by the Sub-Inspector Jata Shankar Jha. He had examined Puja Sharma and found her fit to record her statement. He has proved his certificate given under signature on the fardbeyan, which is Ext.2. Ganesh Rao (P.W-1) is said to have admitted Puja Sharma in T.M.H Hospital, Jamshedpur. He has stated that on 21.06.2012 between 11.00 to 11.30 pm, he heard cry of alarm from outside. When he came out, he saw that Puja Sharma was lying on the ground in burnt condition. He subsequently brought Puja Sharma to T.M.H on auto rickshaw and got her admitted. He has stated that Puja Sharma was not in a position to speak. However, in his cross-examination, he has stated that Puja Sharma was crying but was not in a position to speak. Statement of this witness cannot be relied upon, in view of the endorsement of an independent witness Dr. Amit Kumar Sinha (P.W-3) who has stated that fardbeyan of Puja Sharma was recorded in his presence and she was mentally fit to get her statement recorded. Accordingly, I come to the finding that the Informant / deceased was mentally fit to get her statement recorded on 22.06.2012.

14. On perusal of the fardbeyan of the Informant / deceased Puja Sharma, which is her dying declaration, it transpires that the deceased had specifically stated that the appellant / husband used to torture her. She has further stated that on 21.06.2012 at about 11.00 pm, this appellant started quarreling with her. He pushed her from the bed and thereafter immolated her. Deceased was pushed from the bed and she fell on the floor and sustained injury on her head, which has been corroborated by the medical evidence. She also died due to burn injuries during course of her treatment. Dying declaration of Puja Sharma is untainted and is corroborated by the medical evidence.

15. From the aforesaid facts and circumstances, we come to a finding that the prosecution has been able to prove its case against the appellant beyond all reasonable doubt that he has immolated his wife Puja Sharma, due to which, she succumbed to her injuries. Learned court below has rightly held the appellant guilty for the offence under section 302 I.P.C.

16. Accordingly, the judgment of conviction and order of sentence passed by the learned court below is hereby affirmed. This appeal is dismissed. Pending I.A, if any, stands disposed of.

(Rongon Mukhopadhyay, J)

(Rongon Mukhopadhyay, J) (Ambuj Nath, J)

Jharkhand High Court, Ranchi Dated 3rd August 2023 Ranjeet/