STATE OF MAHARASHTRA Vs. MEHTABI

JUDGEMENT

(1.) The cruelty of the mother-in-law has claimed yet another victim, Aziza, the 16-year-old wife of Mansur Khan, son of the respondent, who died of 90% burns she sustained in her matrimonial home within 1 months of her marriage. Mansur Khan was earlier married to one Abeda (Public witness 3 but she had to leave her matrimonial home on account of the ill-treatment and harassment meted out by her husband and mother-in-law, the respondent herein.

(2.) According to the prosecution case, on 13/5/1977, Mansur Khan had gone to the city for purchase of some grocery articles. The deceased and the respondent were the only two other persons in the house. At about 11.30/12 noon, Lakharam (Public witness 1, who was then standing in front of the office of the Gram Panchayat, heard shouts from the direction of Mansur Khan's house, which was at a distance of 10 paces from that office and rushed to that house. Reaching there, he found that the clothes of Aziza had caught fire and she was struggling for life. He poured some water to extinguish the fire. Within half an hour, Mansur Khan arrived there. He also poured some water and then took her to the Medical College Hospital, Aurangabad. She was first taken to the Casualty Ward and therefrom the doctor-in-charge sent an information to Constable Botke (Public witness 10, who was in charge of the police chowki adjacent to the hospital, about the admission of Aziza. Constable Botke made an entry in his daily diary (Ext. 25 and contacted the Cantonment Police Station over telephone. He then rushed to the Casualty Ward and enquired of Aziza as to how she had sustained the burn injuries. Aziza informed him that she had been set on fire by her mother-in-law Mehtabi. Public Witness 10 then conveyed the information to Head Constable Rajput (Public witness 12 at the police station who also rushed to the hospital after making an entry in the station diary. Dr lyyer (Public witness 6 advised Public Witness 12 about the necessity of recording the dying declaration of Aziza. While administering treatment to Aziza, Public Witness 6 recorded the case history as given out by her (Ext. 14. She informed Public Witness 6 that at about 11.30 a. m. , while she and the respondent were in the house, and her husband had gone to bring grocery articles, the respondent poured kerosene on her and set her on fire by lighting a matchstick. In the meantime, Public Witness 12 had made efforts to contact the Honorary Magistrate but as he was not available, he (Public witness 12 came back to the hospital and recorded the statement of the deceased (Ext. 28 after Dr lyyer had certified that she was mentally fit and conscious to do so. The statement so recorded reads thus:

(3.) After recording the above statement, Public Witness 12 went back to the police station and recorded the FIR (Ext. 20. He handed over the dying declaration (Ext. 28 to Head Constable Pardeshi who took over the investigation. The investigating Officer proceeded to the place of occurrence and seized burnt pieces of the saree, matchbox, two empty bottles smelling of kerosene and burnt hair butts etc. under a panchnama (Ext. 6. Aziza died in the hospital at about 7. 05 p. m. the same evening. After inquest on the following day, i. e. , on 14/5/1977, the dead body of Aziza was sent for post-mortem examination, which was conducted by Dr Manohar Dhumale. According to the post- mortem report, all the burn injuries were ante-mortem and the cause of death was shock due to extensive burns of 90%. In the post-mortem report, it was also recorded that the body was smelling of kerosene. On completion of the investigation, the respondent was sent up for trial.