MAYUDDIN ABDUL RASHID KAZI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been inter alia sentenced to life imprisonment on finding him guilty for the offences punishable u/s.498A and 302 of the Indian Penal Code (for short, "the IPC") by the learned Addl. Sessions Judge, 4th Fast Track Court, Nadiad, by its judgment and order dated 21.06.2006 passed in Sessions Case No. 67/2005. The appellant is, therefore, in this appeal before this Court.

(2.) AS per the prosecution case, the deceased, wife of the appellant herein, was being harassed physically and mentally by the appellant. In the complaint lodged by (Late) Sattarbhai Sheikh, father of the deceased, he came out with a case that he had married his daughter to the appellant in 1996 and that as per the prevalent custom, sufficient dowry was given at the time of marriage. For initial three to four years, the deceased was treated well by the appellant, but trouble started thereafter, when the appellant began to demand various articles from him, which were satisfied by him within his limited sources. He also trained the appellant as a driver and got a job for him. However, the appellant started to harass his daughter and she used to frequently complained to him regarding such harassment, for which the complainant used to reprimand the appellant. He learnt about his daughter, having been set ablaze, from his another soninlaw, Salimbhai Gulubhai Sheikh, whereupon, he visited the Civil Hospital and learnt from his daughter that while she was at home, the appellant picked up a quarrel with her, sprinkled kerosene on her and thereafter, set her ablaze. On crying havoc, people gathered and tried to save her. She was taken to Kapadvanj Government Hospital and thereafter, to Ahmedabad Civil Hospital. Thus, at the very threshold, the complainant could learn about the murder of his daughter by the appellant.

(3.) VARIOUS witnesses came to be examined by the prosecution, amongst whom, Maherajbibi Sattarbhai Sheikh is the mother of deceased and has been examined as PW5 at Exhibit17. In her testimony, she came out with a story that the appellant was frequently demanding money and that in the year 2004, against his demand of Rs.40,000/, an amount of Rs.25,000/ was given to him. In the cross examination, it was sought to be suggested to her that the said sum of Rs.25,000/ given to her daughter (deceased) was with reference to sale proceeds of livestock, which suggestion was disputed by PW5. As per the testimony of PW5, she could learn from the deceased herself that she was beaten up by the appellant and was set on fire after being sprinkled with kerosene.