MOHD IQBAL Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned counsel for the applicant and learned AG. a

(2.) IT has been contended by the learned counsel for the applicant that the version contained in the dying declaration is quite in contrast with the version dis closed in the F. I. R. The dying declaration does not nominate any person present in the house as an eye witness. According to the dying declaration the deceased girl was alone in her house and her mother was up-stairs on the roof. The dying declara tion nominates only 3 persons who have dragged her upto the lavatory. She was thereafter burnt there. Initially she was inside the house. Kerosene oil upon her was thrown by all the 3 whereas the first information report attributes this role to only Azeem Iqbal and Shadab. No doubt the lightening of match stick and thereby setting the girl on fire is attributed to the applicant. IT is further contended that the certificate issued by the doctor before and after recording the dying declaration is peculiar one and the dying declaration has not been recorded in the questionnaire form. IT has been contended that there was absolutely no motive for the uncles of the deceased girl to set her afire. The prob ability of her having committed suicide as a result of frustration which was caused to her by the breaking of her marriage with Dr. Sajid Iqbal son of the applicant. The settlement of this marriage of Dr. Sajid Iqbal in 1998 with the deceased girl was on the ground that Dr. Sajid Iqbal was suffer ing from infirmity in his movement be cause of some paralytic stroke and after operation when he had recovered almost fully that marriage was broken on account of insistence of the own uncle Mohd. Jameel for settling his marriage with his own daughter Km. Nazma. The deceased girl was daughter of the step- brother Mohd. Ismail. In all probability the mar riage was broken with the deceased girl and solemnised with Km. Nazma. The frustration and agony of this breaking had its effect upon the girl and she may have committed suicide. The girl was medically examined at 2. 45 p. m. on 28. 2. 1999. The dying declaration was recorded at 4. 30 p. m. According to the medical examina tion report the general condition of the girl was very- very poor. The pulse was not palpable and blood pressure was not recordable. Still the police was informed for the dying declaration and necessary action. In this context the medical certifi cate given by Dr. Balbir Singh is very tricky.

(3.) ANY of my observations shall not be taken into consideration by the trial Court during hearing of the case.