Luxman Goswami vs The State Of Bihar on 27 April, 2011

Patna High Court – Orders

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.12079 of 2011
                                 LUXMAN GOSWAMI
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

2 27.04.2011 Heard learned counsel for the petitioner as well

as learned counsel for the state.

Although the petitioner is brother-in-law of the

deceased but admittedly, after the alleged occurrence, the

fardbeyan of the deceased was recorded and in the

aforesaid fardbeyan, she has specifically stated that this

petitioner lit fire on her body.

The contention of learned counsel for the

petitioner is that initially, the case was registered under

sections-498A, 341, 324, 307, 504/34 of the Indian Penal

Code but after one month of the alleged occurrence, when

the deceased died, the case was converted into section-302

of the Indian Penal Code. It is also pointed out by him that

alleged occurrence took place on 23.06.2008 at about 6.30

a.m. and just after two hours of the alleged occurrence, the

fardbeyan of the deceased was recorded, particularly in the

condition when she was found burnt about 90 percent, so it

was not possible for her to state all the happenings in such a

systematic way but I am not at all convinced with the above-

said submission of the petitioner.

Accordingly, prayer for bail of the petitioner in
2

connection with Shahkund P.S. Case No. 107 of 2008

stands rejected.

AKV/-                          (Hemant Kumar Srivastava,J.)

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