STATE Vs. RAFIUDDIN

JUDGEMENT

(1.) THE State seeks leave to appeal against judgment dated January 28, 2014 passed by the learned Additional Sessions Judge acquitting the respondent Rafiuddin @ Rafe, husband of the deceased Gulfiza for charges under Sections 302/304B and 498A IPC. The prosecution case rests on the dying declaration made by the deceased and the testimony of her family members. An information was received by the PCR which was recorded vide DD No. 4 at 1.30 AM on January 19, 2011 that a lady set herself on fire as Ex. PW -12/A; By the time PW -17 SI Mahipal Singh, the Chowki In -charge of Police Post Balli Maran reached House No. 5062, Kucha Rehman. The victim who resided on the first floor had been shifted to JPN Hospital. On the spot he found smell of kerosene oil, articles of kitchen and sewing machine, burnt clothes of injured, empty bottles of kerosene oil and other bottles of oil. Water was scattered around. He called the Crime Team and got the spot photographed.

(2.) ON reaching the hospital SI Mahipal Singh received the MLC of Gulfiza. The doctor declared her fit for statement. He recorded her statement Ex. PW -6/DA bearing the thumb impression of the injured at point 'X' which was attested by him at point 'Y'. He also obtained signatures of Razia and Ruksar, the two sisters of Gulfiza at points 'A' and 'B' and uncle of Gulfiza namely Nasiruddin at point 'Z'.

(3.) AS per Ex. PW -6/DA Gulfiza stated that she was residing with her parents and siblings. She was a fashion designer and had studied upto 8th standard. For the last two -three months her work was not doing well due to which she was very upset. On January 18, 2011 the whole day she was with her three sisters. Her parents had gone to Agra due to the death of her grandfather six days ago. On the night of January 18, 2011 all of them had food together. Around 10.30 PM her sisters went to the other room and she went to her factory. At around 11 'o' clock she came back to the house with milk and poured kerosene oil and put herself on fire. On hearing her shrieks her sisters came and put blanket and water on her. They brought her to the hospital. She stated that none was responsible for her death.