{"id":108219,"date":"2008-10-20T00:00:00","date_gmt":"2008-10-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shiv-shanker-sah-vs-state-of-bihar-on-20-october-2008"},"modified":"2018-11-12T16:18:31","modified_gmt":"2018-11-12T10:48:31","slug":"shiv-shanker-sah-vs-state-of-bihar-on-20-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shiv-shanker-sah-vs-state-of-bihar-on-20-october-2008","title":{"rendered":"Shiv Shanker Sah vs State Of Bihar on 20 October, 2008"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Shiv Shanker Sah vs State Of Bihar on 20 October, 2008<\/div>\n
            Criminal Appeal (D.B.) No. 428 of 1990 (P)\n      Against the judgment of conviction and order of sentence dated 01\/09\/1990,\n      passed by Sri Ram Vyas Ram, 4th Additional Sessions Judge, Dumka in\n      Sessions Case No. 173 of 1988.\n\n      Shiv Shankar Sah..............................                                Appellant\n                                   Versus\n      The State of Bihar (now Jharkhand)..................                  Respondent\n                                         ......\n      For the Appellant              : Mr. Bhupal Krishna Prasad.\n      For the State                  : Mr. Binod Singh, A.P.P.\n                                        ......\n                                  PRESENT\n      The Hon'ble Mr. Justice Amareshwar Sahay\n      The Hon'ble Mrs. Justice Jaya Roy\n\n                                JUDGMENT\n\nBy Court           The present appeal has been filed by the sole appellant\n\n      Shiv Shankar Sah against the judgment dated 01\/09\/1990 passed by\n\n      the 4th Additional Sessions Judge, Dumka, in Sessions Case No.\n\n      173\/1988, whereby the learned Additional Sessions Judge convicted\n\n      the appellant for the offence under Section 302\/34 IPC for committing\n\n      the murder of Renu Devi and thereby, sentenced him to undergo R.I.\n\n      for life. The three other accused namely, Madan Lal Sah, Bina Devi and\n\n      Bhuli Devi, who were tried together with the present appellant,\n\n      however, have been acquitted from the charges under Section 302\/34\n\n      IPC by the trial court.\n\n      2.           One Narayn Kumar Mukherjee (PW-3), who is a Pujari of a\n\n      \"Yaga Shala\", situated in Basukinath gave a Fardbeyan to O\/C\n\n      Jarmundi police station on 05\/09\/1986 stating therein that his \"Yaga\n\n      Shala\", where he used to reside, was situated just opposite to the house\n\n      of Balgovind Sah, the father of the appellant and he was closely\n\n      acquainted with all the family members of the said Balgovind Sah. He\n\n      alleged that Renu Devi, the daughter-in-law of Balgovind Sah, i.e. the\n\n      wife of this appellant, was not pulling on well with her in laws and she\n\n      was being tortured and assaulted by her husband Shiv Shankar Sah\n                                                 Cr. Appeal (DB) No. 428 of 1990 P\n                              [2]\n\n(appellant) due to which since last six months she was staying with her\n\nparents. He further stated that the daughter -in-law of Balgovind Sah,\n\ni.e. Renu Devi was a very noble lady and only on the last Saturday she\n\nwas reached to her in laws place by her father. In that very night, the\n\nin-laws of Renu Devi quarreled with her father. Though Renu Devi had\n\nrequested her parents not to leave her at her in laws place since she\n\nwas frightened that her in-law would kill her but her parents left her in\n\nher in laws place and returned in the next morning. These facts the\n\ninformant came to know from the daughter of Balgovind Sah namely\n\nGuddi. It was further alleged that since thereafter, Renu Devi was being\n\nill treated and tortured by her in laws.\n\n            The informant further alleged that at about 11 P.M. in the\n\nnight of Thursday he heard the noise of quarreling coming from the\n\nhouse of the accused persons but at that time Balgovind Sah was not\n\nthere in his house since he had gone to Haridwar. In the late night at\n\nabout 3.00 a.m., he heard the screaming alarm of Renu Devi as \"Mat\n\nMaro- Mat Maro\" and \"Maa Pani Do-Pani Do Tel Dalkar Jala Diya\". The\n\ninformant further heard the voice of two more ladies, who were abusing\n\nRenu Devi and were asking her to keep quite. Suddenly, he saw smoke\n\ncoming out from the main door of the house of the appellant and then\n\nhe gave a call to the appellant Shiv Shankar Sah and asked him as to\n\nwhy smoke is coming out from his house and whether fire has broken\n\nout in his house? AT this, this appellant said to have replied that\n\nnothing has happened. But in the meantime, on hearing hulla,\n\nneighbouring people assembled there and asked the appellant to open\n\nthe door but the appellant did not open the door. Thereafter, a few\n\npersons even kicked the door by legs but the brother-in-law of the\n\nappellant namely Madan came at the top of the roof and told the\n\nneighbourers that it was their family matter and, therefore, they should\n\nnot interfere. It is said that after some time, the appellant came out of\n                                               Cr. Appeal (DB) No. 428 of 1990 P\n                             [3]\n\nhis house and went somewhere. Lateron the informant saw that the\n\nappellant brought a Maxi vehicle and got it parked in front of his door\n\nand hurriedly got Renu Devi boarded on the said vehicle in badly burnt\n\ncondition and then went away. Subsequently, the informant came to\n\nknow that Renu Devi died in the hospital. The informant further alleged\n\nin the Fardbeyan that he was well acquainted with the family of\n\nBalgovind Sah. The appellant as well as the daughter of Balgovind Sah\n\nnamely Bina Devi was not of good character and this fact was known to\n\nall the neighbouring people. He further alleged that the deceased Renu\n\nDevi was regularly being assaulted and tortured by the appellant and\n\nhis family members and though the informant requested them not to ill\n\ntreat her but they did not listen and ultimately Renu Devi was burnt to\n\ndeath by them.                      .\n\n3.          On the report of the informant Narayan Kumar Mukherjee,\n\nF.I.R. was registered and then the police came into action and started\n\ninvestigation of the case. On 06\/09\/1986 the Officer-in-Charge of the\n\npolice station sent a letter to the father of Renu Devi namely Motilal\n\nSah through a constable informing him that his daughter Renu Devi\n\nhas been burnt to death. On this information, the father of the\n\ndeceased Renu Devi came to Dumka and met the Officer-in-Charge\n\nand, then, after the Post Mortem examination of the dead body, it was\n\ncremated. Subsequently, he went to Basukinath and met the\n\ninformant, who narrated the entire story as to how his daughter was\n\nburnt to death by the accused persons.\n\n4.          The father of the deceased Renu Devi gave in writing to the\n\nInvestigating Officer stating therein that the accused persons were\n\ndemanding dowry, which could not be fulfilled by him and he brought\n\nhis daughter to the house of the appellant on 30th August 1986 but on\n\nthat day, her mother-in-law started abusing Renu Devi in his presence.\n\nHowever, he left his daughter there and went back to his village. The\n                                                   Cr. Appeal (DB) No. 428 of 1990 P\n                              [4]\n\nsaid complaint, made in writing by the father of the deceased Renu\n\nDevi, was adduced in evidence as Ext.1. It was proved by Motilal Sah\n\nhimself (PW-1).\n\n5.          The police after completion of the investigation submitted\n\ncharge sheet and, thereafter, all the accused persons were put on trial.\n\n6.          In order to substantiate the charges, in course of trial,\n\naltogether 9 prosecution witnesses were examined and several\n\ndocuments were also adduced in evidence and were marked as\n\nexhibits.\n\n7.          The learned trial court, on the basis of the evidence and\n\nmaterials on record, found the present appellant guilty for the charges\n\nunder Section 302\/34 IPC and sentenced him to undergo R.I. for life\n\nwhereas other three accused persons, who were tried together with the\n\nappellant, were acquitted on the ground that the prosecution failed to\n\nestablish the charges against them.\n\n            Against the said judgment of the trial court, the present\n\nappeal has been filed by the sole appellant Shiv Shanker Sah.\n\n8.           The whole case is based on the circumstantial evidence\n\nsince there is no eyewitness to the occurrence.\n\n9.          The learned counsel for the appellant challenging the\n\nconviction and sentence passed by the trial court against the appellant\n\nhas submitted that the chain of circumstances, which have been relied\n\nby the trial court are not as such which clearly indicate towards the\n\nguilt of the appellant and the circumstances, which have been brought\n\nin evidence are not even complete so as to come to the logical\n\nconclusion that it was the appellant who committed the murder of his\n\nwife Renu Devi by setting her on fire.\n\n            It was further submitted by the learned counsel for the\n\nappellant that in fact, the deceased caught accidental fire while she was\n                                                 Cr. Appeal (DB) No. 428 of 1990 P\n                              [5]\n\npreparing food for the children and there is no evidence to the effect\n\nthat she was burnt to death by the appellant or any other person.\n\n10.         In order to appreciate the argument of the learned counsel\n\nfor the appellant, we have minutely scrutinized the oral as well as\n\ndocumentary evidence, adduced by the prosecution.\n\n11.         PW-1 Motilal Sah is the father of the deceased Renu Devi.\n\nThis witness has specifically stated that his daughter Renu Devi was\n\nbeing tortured and ill treated by her husband and her in-laws due to\n\nnon-fulfillment of the demand of dowry. She was regularly being\n\nabused and assaulted by them. From his evidence it appears that Renu\n\nDevi had two daughters. It has come in the evidence of this witness\n\nthat in the month of June 1986 the accused persons has sent Renu\n\nDevi back to her father's house alone by a Bus and after 2-3 days the\n\nson-in-law, i.e. the present appellant went to his in-laws place, i.e. the\n\nparent's house of Renu Devi and he refused to take back his wife with\n\nhim rather he asked this witness PW-1 to reacg his daughter to his\n\nhouse. Accordingly, PW-1 went to the house of the appellant on\n\n30\/08\/1986<\/pre>\n
 with his daughter where she was abused by the accused<\/p>\n
persons in his presence. From the statement of PW-1 it appears that<\/p>\n
the relationship between the husband and the wife and between the in-<\/p>\n
laws and the daughter-in-law were very much strained and was not at<\/p>\n
all congenial. It is pertinent to note that PW-1 reached his daughter to<\/p>\n
the house of the appellant on 30th August 1986 and just after 5 days<\/p>\n
the occurrence took place and the deceased was burnt to death.<\/p>\n
13.         PW-2 Naurangi Sah has been declared hostile. PW-3<\/p>\n
Narayan Kumar Mukherjee is the informant. He was also examined<\/p>\n
under Section 164 Cr.P.C. during investigation and his statement has<\/p>\n
been marked as Ext.- 1\/1. This witness PW-3 is the main witness of the<\/p>\n
prosecution, who used to live in his Yagya Shala, which was situated<\/p>\n
just opposite to the house of the appellant at a distance of 10-12
\n                                                  Cr. Appeal (DB) No. 428 of 1990 P
\n                              [6]<\/p>\n
cubits. He has stated that on the date and time of occurrence smoke<\/p>\n
was coming out from the house of the appellant from the ground floor<\/p>\n
though the whole family of the appellant used to live in the upper floor.<\/p>\n
This witness has fully corroborated his statements made in the F.I.R.<\/p>\n
as well as the statement made by him under Section 164 Cr.P.C. He<\/p>\n
has clearly stated that he heard the alarm of Renu Devi, who was<\/p>\n
crying saying “Bachao-Bachao” and “Pani Pilao-Pani Pilao”. This PW-3<\/p>\n
was the first person who reached at the place of occurrence. He saw<\/p>\n
that at about 3.00 ‘O’ clock in the night the smoke coming out from the<\/p>\n
house of the appellant and the door was closed from inside and in spite<\/p>\n
of being asked the door was not opened by the appellant or any of his<\/p>\n
family members rather this witness was asked to go back since it was<\/p>\n
their family affair.\n<\/p>\n
             The statement of this witness is fully consistent and<\/p>\n
nothing has been pointed out on behalf of the appellant specifically so<\/p>\n
as to make his evidence unbelievable or unreliable rather we find that<\/p>\n
this witness is a truthful witness and has stated in detail about the<\/p>\n
occurrence which he has seen.\n<\/p>\n
14.          The Investigating Officer (PW-8) has stated in his evidence<\/p>\n
that the place of occurrence was the house of the appellant. In the<\/p>\n
ground floor he found some half burnt clothes and in a corner of one<\/p>\n
room he found a small bottle from which smell of Kerosene Oil was<\/p>\n
coming out. He also found a match box and also a stove. He further<\/p>\n
found the blackening of wall due to smoke. He seized the stove, the<\/p>\n
Kerosene Oil bottle, the match box as well as the half burnt clothes,<\/p>\n
which were marked as material Ext. (i) (ii) (iii) and (iv). The evidence of<\/p>\n
the Investigating Officer coupled with the material exhibits which were<\/p>\n
seized from the place of occurrence by the Investigating Officer fully<\/p>\n
corroborated the evidence of PW-3 and it lays suppot of the fact that at
\n                                                 Cr. Appeal (DB) No. 428 of 1990 P
\n                              [7]<\/p>\n
the relevant time the deceased was burnt to death by using kerosene<\/p>\n
Oil kept in the bottle and found at the spot.\n<\/p>\n
15.         The plea of the appellant that the deceased died due to<\/p>\n
accidental fire while she was preparing food for the children is not<\/p>\n
believable simply because that nobody would believe that the deceased<\/p>\n
was preparing food for children at 3.00 ‘O’ Clock in the night and that<\/p>\n
also on the ground floor of the house when everybody used to reside at<\/p>\n
the upper floor. If at all Renu Devi caught accidental fire while<\/p>\n
preparing food then why the appellant or any of his family members did<\/p>\n
not try to save her by extinguishing fire after hearing the alarm and<\/p>\n
cries of Renu Devi. Natural human conduct would be in such case to<\/p>\n
make an attempt to save the life of the victim by extinguishing the fire<\/p>\n
but this is not the case here. If at all she caught fire accidentally then<\/p>\n
why on alarm raised by her the appellant did not try to save her. If the<\/p>\n
appellant would have tried to save his wife then he must have received<\/p>\n
some burn injuries on his palm or hands but curiously enough no such<\/p>\n
any injury was found on the person of the appellant. It is only when the<\/p>\n
deceased got severe burn injury and when she was almost at the verge<\/p>\n
of death and when she was not in a position to speak then she was<\/p>\n
taken to the hospital by the appellant but by the time she reached to<\/p>\n
the hospital, she died. Therefore, action of taking the injured Renu Devi<\/p>\n
to the hospital by the appellant was nothing but to create defence to<\/p>\n
save his own skin.\n<\/p>\n
16.         Thus, from the evidence, which has been discussed above,<\/p>\n
we have no doubt in our mind that in order to kill his wife Renu Devi<\/p>\n
the appellant set her on fire by pouring Kerosene Oil and due to the<\/p>\n
severe burn injuries she died. We find that the learned trial court has<\/p>\n
rightly convicted and sentenced the appellant for the offence of murder<\/p>\n
of his wife Renu Devi.\n<\/p>\n
                                                    Cr. Appeal (DB) No. 428 of 1990 P
\n                                  [8]<\/p>\n
   17.            In view of the discussions and findings above, we find no<\/p>\n
   merit in this appeal. Accordingly, the same is hereby dismissed. The<\/p>\n
   appellant, who is on bail, his bail bonds are hereby cancelled and he is<\/p>\n
   directed to surrender before the court below to serve out the sentence.<\/p>\n
                                                   (Amareshwar Sahay, J)<\/p>\n
                                                         (Jaya Roy, J)
\nJharkhand High Court, Ranchi
\nDated the 20th October, 2008,
\n NAFR\/Mukund c.p-3\n <\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-108219","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nShiv Shanker Sah vs State Of Bihar on 20 October, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shiv-shanker-sah-vs-state-of-bihar-on-20-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shiv Shanker Sah vs State Of Bihar on 20 October, 2008 - 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