AJMAL KHAN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Appellant Ajmal Khan has preferred this appeal against the judgment and order dated 31-10-1980 passed by Sri O. P Jain, the then II Additional Sessions Judge, Bijnor in Sessions Trial No. 243 of 1978. He has been convicted under Section 302 IPC for the murder of his own wife and has been sentenced to undergo life imprisonment. His brother Shamim Khan was also tried with him, but he was acquitted having been given benefit of doubt.

(2.) BROAD spectrum of the case may be set forth for appreciation of the discussion that has to follow hereinafter. The deceased Shahana Khanam was the wife of appellant and the daughter of Ayaz Mohammad P. W. 7, resident of Barhapur, District Bijnor. She was married with the appellant about 2 years before the incident. The appellant with his three brothers lived in a building at Sahanpur, P. S. Nazibabad, District Bijnor. One of his brothers had migrated to Arab. The appellant lived on the first floor of the house and his brothers were living on the groundfloor of the same building. After about six months of the marriage, he started ill treating his wife asking her to bring dowry from her parents. He was carrying on the work of the winding of electric motors and his brother Shamim Khan (acquitted) was also working with him at his shop. About five or six months before the incident, the appellant had brought some burnt electric motors from Delhi for about Rs. 28-30 thousand. However, he suffered loss in that transaction because some motors could not be sold. His brother who had migrated to Arab had sent some money to meet the expenses of his mother's HAJ whose passport had been obtained. That money was, however, spent by the appellant in purchasing the electric motors. His mother was in great need of money to proceed for HAJ. About 1-1/2 months before the incident, the victim was given a beating by the appellant and was asked to bring money from her father. She had declined to go to her father for bringing money. Thereupon she was beaten up by the appellant. Coming to know of it, her father had brought her to his house. About 15 days thereafter the appellant brought back his wife and apologized for his misconduct assuring his in-laws that it would not be repeated in future. He also wrote a letter to his mother-in-law.

(3.) AYAZ Mohammad returned to Sahanpur in the same car at about 3. 30 a. m. in the night. Akeel Ahmad was present in the Sahan of the house. AYAZ Mohammad alongwith Akeel Ahmad proceeded to the room on the first floor and found that Shahana Khanam had gained consciousness. She asked her father to take her at once and also told him that she was beaten up by her husband (appellant) and his brother Shamim Khan. She also told that she had been tied up and kerosene oil was sprinkled over her and she was set ablaze by them. She again became unconscious. The Sub-Inspector did not reach Sahanpur. Compelled by the circumstances, AYAZ Mohammad contacted Yaseen, who was the Chairman of Town Area Committee of Sahanpur. He wanted him to prevail upon the appellant and his family members so that Shahana Khanam could be sent for medical treatment Yaseen and many other persons came to the house of appellant and counselled him and his family members. With the help of Yaseen and others, Shahana Khanam was taken to the District Hospital in a car but as soon as she reached hospital, she died.