TASLEEM Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out against the judgment and order dated 11-12-2006, passed by Sessions Judge, Nainital, in S.T. No. 21 of 2006, State vs. Tasleem, whereby the accused Tasleem was convicted U/S 302 I.P.C. and sentenced to undergo Imprisonment for Life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo six months S.I.

(2.) The prosecution case, in brief, is that on 6.7.2005, at about 22 hours, some unknown person gave information at P.S. Haldwani on telephone that some quarrel is taking place in front of the Office of S.P.(R). On this information, S.I. R.C. Makholia and Constables Ahsan Ali and Rajveer Singh went Hira Nagar riding in a government jeep and there they saw that a woman was crying in a burning condition. She told her name Geeta wife of Tasleem driver residing at Judge Farm Haldwani. She also told that she was married with Tasleem two years ago and they were residing in Judge Farm in a rented house. She also narrated that her husband used to beat her daily and today also he did marpit with her and when she objected to it, Tasleem poured kerosene oil upon her and set fire on her by burning a matchstick and he himself fled away from the house. The victim also told that anyhow she extinguished the fire and she had come to the road due by burning sensation. The police personnel took her to Haldwani Hospital and got admitted there for her treatment. Thereafter, a case U/S 498-A I.P.C. was registered against the accused Tasleem vide G.D. Report No. 2/2005, dated 7.7.2005, the carbon copy of which is Ext. Ka.1.

(3.) The investigation of the case was entrusted to S.I. Ashok Kumar Singh. He visited the place of occurrence and prepared site plan, Ext. Ka.10-A. He also took into possession a stove from inside the room of Smt. Geeta and prepared recovery memo, Ext. Ka.11. On 6.7.2005 Sri Hemant Kumar Verma, Tehsildar recorded the dying declaration, Ext. Ka.5, of Smt. Geeta in Soban Singh Jeena Base Hospital, Haldwani. Smt. Geeta died in the Hospital on 12.7.2005 and the inquest on her dead body was conducted by Sri Hemant Kumar Verma, Tehsildar, who prepared inquest report, Ext. Ka.6. He also prepared police Form No.13, Ext. Ka.2, sketch dead body, Ext. Ka.3, letter to C.M.S. Soban Singh Jeena Hospital, Haldwani, Ext. Ka.4, requesting for post mortem of the dead body by a panel of two doctors.