RUKHSANA Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. The present appeal has been filed against the judgment and order dated 24-11-2002 passed by Sessions Judge, Varanasi in S. T. No. 184/88 convicting the appellant under Section 302 IPC and sentencing her to death and further convicted the appellant under Section 309 IPC, but no separate sentence awarded.

(2.) THE facts of the case are that appellant Smt. Rukhsana is wife of Mohammad Aslam complainant. He was married with the appellant about 5-6 years back and appellant is his cousin and two children are borne out of the wedlock. One of them was daughter Shabana aged about 2-1/2 years and other one was son Pappu aged about 8 months. It is alleged that after the marriage appellant was mentally disturbed and she used to bang her head and used to throw utensils and in such condition she could not recognize the children and some time she used to become normal. THE complainant was looking after her and she was also taken to Mazar for her treatment. It is alleged that one day prior to the occurrence complainant's stomach was upset and he had returned from his shop at about 9. 30 p. m. and after returning from the call of nature he was taking rest in the back room and went to sleep there. THE mother of the complainant had called him for meal, but he had not taken the meal on account that his stomach was upset. THE complainant's wife and other family members after taking meal went to sleep in their rooms. In the morning when the wife of complainant and their children did not wake up the mother of the complainant went to call them and found the room closed from inside. THE mother of the complainant had called him and told him that her daughter-in-law is not waking up and the room is closed from inside. THE complainant alongwith some people of his mohalla namely Alauddin, Sheikh Salim and Abdul Khalique who were talking with him went upto the room and pushed the door of the room, which was opened and they found that on the cot his daughter Shabana and son Pappu were lying in a dead condition. THE neck of both the children were cut. THE blood was lying there and throat of his wife was also cut and she was unconscious. She was alive but could not speak. THE complainant called his father and went to call the doctor and it is alleged that on account of mental disturbance the wife of the complainant had cut throats of the children and also tried to commit suicide.

(3.) P. W. 7 is the Investigating Officer. The case was registered in his presence and he had conducted the investigation of the case. When he had reached the place of occurrence he found that Smt. Rukhsana had already been sent for medical treatment. He had found the dead-bodies of Km. Shabana and Pappu. He had prepared inquest report and completed formalities for sending the dead bodies the for post- mortem. He had prepared fard of plain earth and blood stained earth. He had also recovered a blood stained knife, which was found near the bodies of children. He prepared recovery memo Ka. 13. He had prepared the site plan and found the small piece of ribbon and prepared fard Ex. Ka. 20. He had also collected the blood from the door and prepared fard Ex. Ka. 21. Two Court witnesses also examined. Dr. Zafar Ullah was examined as C. W. 1 and Dr. A. K. Dwivedi was examined as C. W. 2. Both the doctors had examined the appellant. Dr. Zafar Ullah was called by the family members of the appellant and he had reached at the house of the appellant and had found there Rukhsana in an unconscious condition and had also found the two children lying on the cot, but he had refused to examine and had suggested them for taking her to the hospital and he had also informed the police of the P. S. Dashaswamedh. One Ghulam Gaus is examined as defence witness. He is the brother of the appellant. He had stated about the strained relations between the husband and wife. We have heard Sri V. C. Tiwari, senior Advocate and the learned A. G. A. , for the State.