JALEELAHMED BADRUDDIN ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT - JaleelAhmed Badruddin Ansari is convicted by City Sessions Court, Ahmedabad by judgment dated 18.11.2005 rendered in Sessions Case No. 288 of 2004 for the offence of murder of his divorced wife Zahidabibi allegedly committed by him on 9.4.2004 at about 22 -00 hours at his residence situated at Munir Sheth Tekra, Nr. Shaking Minarets, Gomtipur, Ahmedabad by setting her to fire after pouring kerosene on account of domestic disputes.

(2.) DECEASED Zahidabibi was taken to LG Hospital where she gave the history to the Doctor stating that her husband i.e. the appellant poured kerosene on her and set her to fire with a matchstick. The neighbours rescued her and she was brought to hospital by Zareenaben. This history was recorded in the medical case papers by the Doctor. Police was informed. On arrival of the police, arrangements were made for recording dying declaration by summoning Executive Magistrate and FIR was also taken. The deceased had suffered approximately 93% burns. The Executive Magistrate, upon receiving the Yadi, came to the hospital and recorded dying declaration, and, on the basis of the FIR recorded by the police, offence was registered, investigated and charge -sheet came to be filed in the Court of Metropolitan Magistrate. The case was then committed to the Court of Sessions and numbered as Sessions Case No. 288 of 2004. Charge was framed at Exh.2 against the appellant for offences punishable under Sections 302, 323, 284(B) and 114 of IPC, to which both the accused persons pleaded not guilty and claimed to be tried.

(3.) THE prosecution case mainly depends on three dying declarations. One in the form of history given to the Doctor and reduced into writing in making the medical case papers. The second being the dying declaration recorded by the Executive Magistrate and the third being the FIR recorded by the police. In all the three dying declarations, the deceased has implicated the appellant.