SHAIKH DAVUL Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.3525/2013 has been preferred by appellants - accused Nos.2 and 3 and Criminal Appeal No.3535/2013 has been preferred by appellant - accused No.1 challenging the legality and correctness of the judgment passed by the Sessions Judge, Yadgir in S.C.No.20/2012 dated 28.01.2013 wherein the trial Court has acquitted accused Nos.1 to 3 of the offence punishable under Section 498-A read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC' ) and accused Nos.1 to 3 are convicted for the offence punishable under Section 302 read with Section 34 of IPC.

(2.) The case of the prosecution in brief is that the complainant Gousiya Begum had married Mahammed Abdul Raheem alias Baba S/o Alisab (accused No.1) on 05.05.2005. She gave birth to three daughters, aged 5 years, 3 years and 9 months respectively. After the marriage, Gousiya Begum had come to her husband' s house and for few months she was treated well. Thereafter, her husband started abusing her, assaulting her and ill-treating her saying that she was not good and she cannot do the household work properly. Her husband was not doing any work. He was not paying anything for the household expenses. He used to take the pension amount of his mother forcibly for the purpose of drinking liquor and he used to pick-up quarrel and used to assault Gousiya Begum. Davul is the brother-in-law of Gousiya Begum and Rabiya is his wife. Both of them also used to quarrel with Gousiya Begum. On 26.06.2011 at about 2.30 p.m., when Gousiya Begum questioned her husband as to why he had not gone for work, her husband, her brother-in-law and his wife picked up quarrel with Gousiya Begum and saying that he would not leave her alive, her husband brought kerosene can. The brother- in-law of Gousiya Begum and his wife caught hold both hands of Gousiya Begum. Gousiya Begum was made to fall on the ground and by keeping his legs near the neck and also on the chest, Gousiya Begum' s husband poured kerosene on her head and body and lit fire and ran away from the spot. By hearing her screams, Gousiya Begum' s another brother-in-law Yusuf' s daughter Tabassum came there and extinguished the fire by pouring water. Gousiya Begum had sustained burn injuries all over the body. The brother-in-law of Gousiya Begum brought Gousiya Begum to Government Hospital and then she was shifted to Government Hospital, Gulbarga. The parents and brothers of Gousiya Begum also came there. By receiving MLC information from the Government Hospital, Gulbarga, the PSI of Shahapur P.S. proceeded to Government Hospital, Gulbarga and recorded the statement Ex.P-14 of the complainant Gousiya Begum. He then returned to the police station and registered a case in Shahapur P.S. Cr.No.171/2011 for offences punishable under Sections 498-A, 504, 307 read with Section 34 of IPC. On 29.06.2011 at about 1.00 a.m. Gousiya begum succumbed to the injuries.

(3.) We have heard Sri Nandakishore Boob, learned counsel for appellants - accused and Sri Prakash Yeli, learned Additional State Public Prosecutor for the respondent-State.