MOHD IQBAL ALIAS BARATU Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) BY this appeal under Section 374 (2) of the Code of criminal Procedure (for short "the Cr. P. C. "), the accused/appellant has questioned legality and correctness of the judgment of conviction and order of sentence dated 25-11-2002, passed by the Additional Sessions Judge, khairagarh, in Sessions Trial No. 33/2001 whereby and whereunder learned Additional sessions Judge after holding the accused/ appellant guilty for commission of offence under Sections 302 and 498-A of the Indian penal Code (for short "the IPC"), sentenced him to undergo imprisonment for life and pay a fine of Rs. 3,000/- in default of payment of fine to further undergo R. I. for 10 months and to undergo R. I. for one year and pay a fine of Rs. l. 000/-, in default of payment of fine to further undergo R. I. for 4 months, respectively. It was further directed that both the sentences shall run concurrently.

(2.) CASE of the prosecution, in brief, is that Sabina Bano (since deceased) was the wife of the accused/appellant. Prior to 7-8 months of 12-9-2001, Sarajuddin Solanki (PW-1), cousin of the accused, heard the cries of Sabina Bano at about 12. 00-12. 15 in the midnight from her residence. He came out of his house, went to the house of the accused and saw Sabina Bano in burning condition. He informed Mohd. Hanif (PW-3)and Shahida Begum (PW-4), who are brother and sister-in-law of Sabina Bano, over telephone that Sabina Bano sustained burn injuries. Thereafter, Sabina Bano was taken to Government Hospital, Gandai and from there to Medical College Hospital, Raipur where Dr. A. A. Saifi (PW-7) examined her at about 3. 45 a. m. and found that there were superficial burn injuries on her face, chest, hands and legs and the burn injuries were up to 70%. Thereafter Sabina Bano was shifted to Sector-9 Hospital, Bhilai in the night of 12-11-2000 where she succumbed to the burn injuries sustained by her, on 22-11-2000.

(3.) FURTHER case of the prosecution is that the accused/appellant was in the habit of gambling and consuming liquor, for that he used to demand money from Sabina Bano, when she used to refuse to give money, he used to beat her. In the night of 11-12-2000 at about 11. 00-12. 00, the accused demanded money from Sabina Bano and on refusal to give money to him, he slapped her 2-3 times. Therefore, she came out of the house weeping and sat down. Accused also followed her and after pouring kerosene on her body, threw a lighted stick of matchbox and set her on fire. When Sabina Bano tried to extinguish the fire by puring water on her body by bucket, the accused snatched the water bucket and threatened her that if she will disclose this fact to anybody, then he would kill her children. Therefore, she did not disclose this fact to anybody. In the first instance, she was taken to Government hospital, Gandai, from where she was taken to Medical College Hospital, Raipur and ultimately she was shifted to Sector-9 Hospital, Bhilai. Police Chowki-Mekahara was informed about the incident. In the meantime, pw-3 Mohd. Hanif, brother of Sabina bano, gave application (Ex. P/2) to the Additional Superintendent of Police requesting him to get the dying declaration of Sabina bano recorded. Papers regarding treatment of Sab'ina Bano (Ex. P/5) were seized by the investigating Officer. Burn injury reports under Exs. P/7 and P/8 were prepared by dr. A. A. Saifi (PW-7 ). On 19-11-2000, dying declaration (Ex. P/10) of Sabina Bano was recorded in Sector-9 Hospital, Bhilai by pw-9 Naveen Thakur, Nayab Tahsildar. Ultimately, on 22-11-2007 at about 11. 15 a. m. , Sabina Bano succumbed to the burn injuries sustained by her. Therefore, merg intimation was sent to Police Station, sector-6, Bhilai. Inquest (Ex. P/l) was prepared on the body of Sabina Bano by the Executive Magistrate, durg. The case was registered in police Station, Sector-6, Bhilai at '0' number and merg intimation No. 19/2000 was registered in Police Station Gandai, on the basis of which First Information Report (Ex. P/11) was registered by the said Police station. Postmortem on the body of Sabina bano was conducted by Dr. Lal Mohammad (PW-8 ). He opined that cause of death was deep burn and septicaemia. Postmortem report is Ex. P/9. Site plan (Ex. P/12) was prepared by Vinayak Shukla, Sub-Inspector of Police Station Gandai.