ZAFAR UL ISLAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Smt. Shabana Anjum was married to Shri Mazhar-il-Islam on 16.11.1994 according to Muslim rites and Ceremonies. Out of this wedlock, two children, namely, Amrin and Riza were born. They are aged about 9 years and 5 years respectively as on the date of incident i.e. 11.10.2005.

(2.) On 11.10.2005, the fateful day, Smt. Shabana Anjum was brought to the Guru Teg Bahadur Hospital with 60 to 65% serious burn injuries. After receiving this information police also reached there and recorded her statement under Section 154 of the Code of Criminal Procedure which was treated as FIR. As per this statement time of occurrence of incident was 3.20 p.m. Information received at Police Station was at 3.35 p.m. and her statement was recorded at 5.15 p.m. when doctors opined that she was fit for statement. The relevant para of the said statement is reproduced below as per which her husband was harassing her for last several months before this incident:

(3.) In her statement she narrated that at 3.20 p.m. she was present at her house and her two daughters were playing in varanda outside the room. At that time her husband and elder brother (Jeth) came down from the downstairs from the roof and her Jeth who was having bottle of oil and her husband sprinkled the oil upon her and thrown the match-stick after lighting on fire on her because of which her clothes got fire. Her father-in-law was also standing outside the room and was saying that she should be finished today and he would see everything. The incident was witnessed by her daughters. On this statement FIR No. 615/2005 under Section 307/34, 1PC was registered against her husband, brother-in-law as well as father-in-law. She remained in hospital till 11.11.2005 when she was discharged. However, she succumbed to her injuries and died on 5.12.2005 at her parental home. On her death Section 302 has also been added to the FIR treating it a case of culpable homicide amounting to murder. It may be mentioned here that at the same time statements, of two daughters of the complainant were also recorded who gave identical version as given by the complainant regarding burning of the complainant by her husband and brother-in-law.