While running she had been screaming and shouting that the appellant had number returned the ornaments and cash when demanded and had set fire to her clothes after sprinkling kerosene oil on the same.
This Fard beyan of Sabitri Devi was sent to Bihiya Police Station.
Sabitri Devi died in the Arrah Sadar Hospital on that very day at 9.30 a.m. There was the usual companymitment enquiry under Chapter 18 of the CrPC and the learned Magistrate who companyducted the enquiry companymitted the appellant to the Court of Sessions to stand her trial there.
The appellant refused to return the ornaments and the cash which were said to be kept in her safe custody and it is alleged that she sprinkled kerosene oil on the clothes of Sabitri Devi and set fire to the same.
Against the judgment and order of the High Court, the appellant has filed this appeal with special leave granted by this Court.
Against his companyviction, the appellant preferred an appeal to the High Court at Patna.
Sabitri Devi thereafter started running in flames towards her house and fell down on the road.
1, 4, 5, 7 and 8 who had seen Sabitri Devi running in flames and heard the screams and utterances of Sabitri Devi, found that the prosecution case had been proved beyond doubt and held the appellant guilty and companyvicted her under Section 302 of the Indian Penal Code.
The learned Sessions Judge relying on the statement made by Sabitri Devi to the Assistant Inspector of Police which has been recorded and which was treated as the dying declaration of Sabitri Devi and the testimony of five witnesses, namely, P.W.s.
The appellant was charged with the murder of Sabitri Devi under Section 302 of the Indian Penal Code.
Sabitri Devi was thereafter removed to Arrah Sadar Hospital Virfaere Assistant Inspector of Police attached to Arrah Police Station recorded the statement of Sabilri Devi.
The case of the prosecution may be briefly stated On 30.10.1967 at about 5 a.m. Sabitri Devi deceased, for whose murder the appellant has been companyvicted , of village Pakri, Police Station Bihiya had gone to the house of the appellant who is also the resident of the same village to take back her ornaments and a sum of Rs.
In the Sessions Court the prosecution examined nine witnesses.
On appeal the High Court agreed with the findings of the learned Sessions Judge and held that the appellant had been rightly companyvicted and dismissed the appeal.
500/ in cash which Sabitri Devi had kept with the appellant for safe custody during the temporary absence of Savitri Devis mother.
The High Court by its judgment and order dated 12.2.1975 dismissed the appeal and upheld the companyviction of the appellant.
Amarendra Nath sen, J. The appellant was companyvicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life by the Sessions Judge, Arrah.
