STATE OF ASSAM Vs. MAFIZUDDIN AHMED

JUDGEMENT

(1.) The present appeal by special leave has been filed by the State, of Assam against the judgment of the Gauhati High Court dated 25th of Sept., 1975 whereby it set aside the conviction of the respondent Mafizuddin Ahmed and acquitted him of the charge of murder.

(2.) The prosecution case as unfolded in the first information report and the evidence is that the respondent Mafizuddin Ahmed was a Sub-Inspector of Police posted at Gauhati. His wife and children lived at his village home at Bholagaon within the Palashbari Police Station. The respondent had first married Jaygun Bibi and had one son and two daughters from her. Later on be married another lady Smt. Lal Bari and thereafter be started maltreating Jaygun Bibi. On 10th of April, 1973 he went to his village home and at about 2 p. m. he poured kerosene oil on his wife Jaygun Bibi and set fire to her body with the help of a match box. When she screamed the accused sagged her mouth and then wrapped her with a quilt and threw her on the floor. In so doing the respondent himself received some burn injuries on his hands. The village people hearing the cries came there and they took Jaygun Bibi as well as the respondent accused to the Gauhati Medical College Hospital where they were admitted for treatment.

(3.) Alimuddin Ahmed was the uncle of Jaygun Bibi and at a distance of 6 miles from the house of the respondent. He received a news that the house of the respondent bad burnt and that Mafizuddin and Jaygun Bibi had sustained bum injuries. A few days thereafter Alimuddin Ahmed's brother developed, tetanus. He got him admitted in the Isolation Hospital at Kalapahar, Gauhati. From there he went to Gauhati Medical College Hospital on 18th April, 1973 to see how Jaygun Bibi was faring. He met Jaygun Bibi and asked her how it happened and then she told that her husband had poured kerosene oil on her body and set fire. He, thereupon went to the Sadar Police Station and made a report (Ext. 3). On receipt of the report police arranged for recording the dying declaration of Jaygun Bibi by a Magistrate as her condition was considered precarious. Shri A.C. Bhuyan (P. W. 2) recorded the dying declaration of Jaygun Bibi. Eventually Jaygun Bibi succumbed to her injuries on that very day.