High Court Jharkhand High Court

Shiv Shanker Sah vs State Of Bihar on 20 October, 2008

Jharkhand High Court
Shiv Shanker Sah vs State Of Bihar on 20 October, 2008
            Criminal Appeal (D.B.) No. 428 of 1990 (P)
      Against the judgment of conviction and order of sentence dated 01/09/1990,
      passed by Sri Ram Vyas Ram, 4th Additional Sessions Judge, Dumka in
      Sessions Case No. 173 of 1988.

      Shiv Shankar Sah..............................                                Appellant
                                   Versus
      The State of Bihar (now Jharkhand)..................                  Respondent
                                         ......
      For the Appellant              : Mr. Bhupal Krishna Prasad.
      For the State                  : Mr. Binod Singh, A.P.P.
                                        ......
                                  PRESENT
      The Hon'ble Mr. Justice Amareshwar Sahay
      The Hon'ble Mrs. Justice Jaya Roy

                                JUDGMENT

By Court           The present appeal has been filed by the sole appellant

      Shiv Shankar Sah against the judgment dated 01/09/1990 passed by

      the 4th Additional Sessions Judge, Dumka, in Sessions Case No.

      173/1988, whereby the learned Additional Sessions Judge convicted

      the appellant for the offence under Section 302/34 IPC for committing

      the murder of Renu Devi and thereby, sentenced him to undergo R.I.

      for life. The three other accused namely, Madan Lal Sah, Bina Devi and

      Bhuli Devi, who were tried together with the present appellant,

      however, have been acquitted from the charges under Section 302/34

      IPC by the trial court.

      2.           One Narayn Kumar Mukherjee (PW-3), who is a Pujari of a

      "Yaga Shala", situated in Basukinath gave a Fardbeyan to O/C

      Jarmundi police station on 05/09/1986 stating therein that his "Yaga

      Shala", where he used to reside, was situated just opposite to the house

      of Balgovind Sah, the father of the appellant and he was closely

      acquainted with all the family members of the said Balgovind Sah. He

      alleged that Renu Devi, the daughter-in-law of Balgovind Sah, i.e. the

      wife of this appellant, was not pulling on well with her in laws and she

      was being tortured and assaulted by her husband Shiv Shankar Sah
                                                 Cr. Appeal (DB) No. 428 of 1990 P
                              [2]

(appellant) due to which since last six months she was staying with her

parents. He further stated that the daughter -in-law of Balgovind Sah,

i.e. Renu Devi was a very noble lady and only on the last Saturday she

was reached to her in laws place by her father. In that very night, the

in-laws of Renu Devi quarreled with her father. Though Renu Devi had

requested her parents not to leave her at her in laws place since she

was frightened that her in-law would kill her but her parents left her in

her in laws place and returned in the next morning. These facts the

informant came to know from the daughter of Balgovind Sah namely

Guddi. It was further alleged that since thereafter, Renu Devi was being

ill treated and tortured by her in laws.

            The informant further alleged that at about 11 P.M. in the

night of Thursday he heard the noise of quarreling coming from the

house of the accused persons but at that time Balgovind Sah was not

there in his house since he had gone to Haridwar. In the late night at

about 3.00 a.m., he heard the screaming alarm of Renu Devi as "Mat

Maro- Mat Maro" and "Maa Pani Do-Pani Do Tel Dalkar Jala Diya". The

informant further heard the voice of two more ladies, who were abusing

Renu Devi and were asking her to keep quite. Suddenly, he saw smoke

coming out from the main door of the house of the appellant and then

he gave a call to the appellant Shiv Shankar Sah and asked him as to

why smoke is coming out from his house and whether fire has broken

out in his house? AT this, this appellant said to have replied that

nothing has happened. But in the meantime, on hearing hulla,

neighbouring people assembled there and asked the appellant to open

the door but the appellant did not open the door. Thereafter, a few

persons even kicked the door by legs but the brother-in-law of the

appellant namely Madan came at the top of the roof and told the

neighbourers that it was their family matter and, therefore, they should

not interfere. It is said that after some time, the appellant came out of
                                               Cr. Appeal (DB) No. 428 of 1990 P
                             [3]

his house and went somewhere. Lateron the informant saw that the

appellant brought a Maxi vehicle and got it parked in front of his door

and hurriedly got Renu Devi boarded on the said vehicle in badly burnt

condition and then went away. Subsequently, the informant came to

know that Renu Devi died in the hospital. The informant further alleged

in the Fardbeyan that he was well acquainted with the family of

Balgovind Sah. The appellant as well as the daughter of Balgovind Sah

namely Bina Devi was not of good character and this fact was known to

all the neighbouring people. He further alleged that the deceased Renu

Devi was regularly being assaulted and tortured by the appellant and

his family members and though the informant requested them not to ill

treat her but they did not listen and ultimately Renu Devi was burnt to

death by them.                      .

3.          On the report of the informant Narayan Kumar Mukherjee,

F.I.R. was registered and then the police came into action and started

investigation of the case. On 06/09/1986 the Officer-in-Charge of the

police station sent a letter to the father of Renu Devi namely Motilal

Sah through a constable informing him that his daughter Renu Devi

has been burnt to death. On this information, the father of the

deceased Renu Devi came to Dumka and met the Officer-in-Charge

and, then, after the Post Mortem examination of the dead body, it was

cremated. Subsequently, he went to Basukinath and met the

informant, who narrated the entire story as to how his daughter was

burnt to death by the accused persons.

4.          The father of the deceased Renu Devi gave in writing to the

Investigating Officer stating therein that the accused persons were

demanding dowry, which could not be fulfilled by him and he brought

his daughter to the house of the appellant on 30th August 1986 but on

that day, her mother-in-law started abusing Renu Devi in his presence.

However, he left his daughter there and went back to his village. The
                                                   Cr. Appeal (DB) No. 428 of 1990 P
                              [4]

said complaint, made in writing by the father of the deceased Renu

Devi, was adduced in evidence as Ext.1. It was proved by Motilal Sah

himself (PW-1).

5.          The police after completion of the investigation submitted

charge sheet and, thereafter, all the accused persons were put on trial.

6.          In order to substantiate the charges, in course of trial,

altogether 9 prosecution witnesses were examined and several

documents were also adduced in evidence and were marked as

exhibits.

7.          The learned trial court, on the basis of the evidence and

materials on record, found the present appellant guilty for the charges

under Section 302/34 IPC and sentenced him to undergo R.I. for life

whereas other three accused persons, who were tried together with the

appellant, were acquitted on the ground that the prosecution failed to

establish the charges against them.

            Against the said judgment of the trial court, the present

appeal has been filed by the sole appellant Shiv Shanker Sah.

8.           The whole case is based on the circumstantial evidence

since there is no eyewitness to the occurrence.

9.          The learned counsel for the appellant challenging the

conviction and sentence passed by the trial court against the appellant

has submitted that the chain of circumstances, which have been relied

by the trial court are not as such which clearly indicate towards the

guilt of the appellant and the circumstances, which have been brought

in evidence are not even complete so as to come to the logical

conclusion that it was the appellant who committed the murder of his

wife Renu Devi by setting her on fire.

            It was further submitted by the learned counsel for the

appellant that in fact, the deceased caught accidental fire while she was
                                                 Cr. Appeal (DB) No. 428 of 1990 P
                              [5]

preparing food for the children and there is no evidence to the effect

that she was burnt to death by the appellant or any other person.

10.         In order to appreciate the argument of the learned counsel

for the appellant, we have minutely scrutinized the oral as well as

documentary evidence, adduced by the prosecution.

11.         PW-1 Motilal Sah is the father of the deceased Renu Devi.

This witness has specifically stated that his daughter Renu Devi was

being tortured and ill treated by her husband and her in-laws due to

non-fulfillment of the demand of dowry. She was regularly being

abused and assaulted by them. From his evidence it appears that Renu

Devi had two daughters. It has come in the evidence of this witness

that in the month of June 1986 the accused persons has sent Renu

Devi back to her father's house alone by a Bus and after 2-3 days the

son-in-law, i.e. the present appellant went to his in-laws place, i.e. the

parent's house of Renu Devi and he refused to take back his wife with

him rather he asked this witness PW-1 to reacg his daughter to his

house. Accordingly, PW-1 went to the house of the appellant on

30/08/1986

with his daughter where she was abused by the accused

persons in his presence. From the statement of PW-1 it appears that

the relationship between the husband and the wife and between the in-

laws and the daughter-in-law were very much strained and was not at

all congenial. It is pertinent to note that PW-1 reached his daughter to

the house of the appellant on 30th August 1986 and just after 5 days

the occurrence took place and the deceased was burnt to death.

13. PW-2 Naurangi Sah has been declared hostile. PW-3

Narayan Kumar Mukherjee is the informant. He was also examined

under Section 164 Cr.P.C. during investigation and his statement has

been marked as Ext.- 1/1. This witness PW-3 is the main witness of the

prosecution, who used to live in his Yagya Shala, which was situated

just opposite to the house of the appellant at a distance of 10-12
Cr. Appeal (DB) No. 428 of 1990 P
[6]

cubits. He has stated that on the date and time of occurrence smoke

was coming out from the house of the appellant from the ground floor

though the whole family of the appellant used to live in the upper floor.

This witness has fully corroborated his statements made in the F.I.R.

as well as the statement made by him under Section 164 Cr.P.C. He

has clearly stated that he heard the alarm of Renu Devi, who was

crying saying “Bachao-Bachao” and “Pani Pilao-Pani Pilao”. This PW-3

was the first person who reached at the place of occurrence. He saw

that at about 3.00 ‘O’ clock in the night the smoke coming out from the

house of the appellant and the door was closed from inside and in spite

of being asked the door was not opened by the appellant or any of his

family members rather this witness was asked to go back since it was

their family affair.

The statement of this witness is fully consistent and

nothing has been pointed out on behalf of the appellant specifically so

as to make his evidence unbelievable or unreliable rather we find that

this witness is a truthful witness and has stated in detail about the

occurrence which he has seen.

14. The Investigating Officer (PW-8) has stated in his evidence

that the place of occurrence was the house of the appellant. In the

ground floor he found some half burnt clothes and in a corner of one

room he found a small bottle from which smell of Kerosene Oil was

coming out. He also found a match box and also a stove. He further

found the blackening of wall due to smoke. He seized the stove, the

Kerosene Oil bottle, the match box as well as the half burnt clothes,

which were marked as material Ext. (i) (ii) (iii) and (iv). The evidence of

the Investigating Officer coupled with the material exhibits which were

seized from the place of occurrence by the Investigating Officer fully

corroborated the evidence of PW-3 and it lays suppot of the fact that at
Cr. Appeal (DB) No. 428 of 1990 P
[7]

the relevant time the deceased was burnt to death by using kerosene

Oil kept in the bottle and found at the spot.

15. The plea of the appellant that the deceased died due to

accidental fire while she was preparing food for the children is not

believable simply because that nobody would believe that the deceased

was preparing food for children at 3.00 ‘O’ Clock in the night and that

also on the ground floor of the house when everybody used to reside at

the upper floor. If at all Renu Devi caught accidental fire while

preparing food then why the appellant or any of his family members did

not try to save her by extinguishing fire after hearing the alarm and

cries of Renu Devi. Natural human conduct would be in such case to

make an attempt to save the life of the victim by extinguishing the fire

but this is not the case here. If at all she caught fire accidentally then

why on alarm raised by her the appellant did not try to save her. If the

appellant would have tried to save his wife then he must have received

some burn injuries on his palm or hands but curiously enough no such

any injury was found on the person of the appellant. It is only when the

deceased got severe burn injury and when she was almost at the verge

of death and when she was not in a position to speak then she was

taken to the hospital by the appellant but by the time she reached to

the hospital, she died. Therefore, action of taking the injured Renu Devi

to the hospital by the appellant was nothing but to create defence to

save his own skin.

16. Thus, from the evidence, which has been discussed above,

we have no doubt in our mind that in order to kill his wife Renu Devi

the appellant set her on fire by pouring Kerosene Oil and due to the

severe burn injuries she died. We find that the learned trial court has

rightly convicted and sentenced the appellant for the offence of murder

of his wife Renu Devi.

Cr. Appeal (DB) No. 428 of 1990 P
[8]

17. In view of the discussions and findings above, we find no

merit in this appeal. Accordingly, the same is hereby dismissed. The

appellant, who is on bail, his bail bonds are hereby cancelled and he is

directed to surrender before the court below to serve out the sentence.

(Amareshwar Sahay, J)

(Jaya Roy, J)
Jharkhand High Court, Ranchi
Dated the 20th October, 2008,
NAFR/Mukund c.p-3