SAJID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant who was the accused No. 1 in the trial Court against the Judgement dt. 31st January, 1994, passed by the XXII Addl. City Civil and Sessions Judge, Bangalore City, Bangalore, convicting the appellant of the offence punishable under S. 302 I.P.C. and sentencing him to R. I. for life.

(2.) We have heard the learned counsel for the appellant/accused Sri. Hashmath Pasha and the learned Addl. State Public Prosecutor Sri. A. B. Patil for the respondent/State and perused the records of the case fully.

(3.) The case of the prosecution is that the deceased Mohsina Taj was the legally wedded wife of the appellant and the PW-9 the mother of the deceased had given one suit, one gold ring, wrist watch and Rs. 3,000/- to the appellant prior to the marriage and after marriage the appellant and his wife Mohsina Taj lived happily for one year. Mohsina Taj complained to her mother and PW-14 her brother about the ill-treatment meted out to her by the appellant and his mother and the appellant also telling her that he would go in for a second marriage. On the date of the incident, the appellant came to the house of PW-9, he refused to take his food in his in-laws house and brought his wife to his house and asked her to prepare food. Mohsina Taj told him to wait for some time as she would prepare the food after changing her dress, but the appellant poured kerosene on her and set fire to her causing her injuries. The deceased cried out and neighbours came to her rescue and saw her in flames, they along with the appellant tried to extinguish the fire: The deceased also made dying declarations before various persons and subsequently she died in the hospital when she was under treatment. The police registered the case on the basis of Ex. P-6 which the prosecution claims to be the written dying declaration of the deceased. The police investigated into the case and after completion of the investigation, they filed charge sheet against the appellant.