AJMAL KHAN Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Ajmal Khan has preferred this appeal against the judg ­ment and order dated 31.10.1980 passed by Sri O.P. Jain, 4he then IInd Additienal 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 un ­dergo life imprisonment. His brother Shamim Khan was also tried with him, but he was acquited having been given benefit of doubt.

(2.) BROAD spectrum of the case may be set forth for appreciation of the discus ­sion that has to follow hereinafter. The de ­ceased Shahana Khanam was the wife of appellant and the daughter of Ayaz Mohammad PW 7, resident of Barhapur, Dis ­trict Bijnor. She was married with the appel ­lant about 2 years before the incident. The appellant with his three brothers lived in a building at Shahanpur, P.S. Nazibabad, District Bijnor. One of his brothers had mi ­grated to Arab. The appellant lived on the first floor of the house and his brothers were living on the ground floor of the same building. After about six months of the mar ­riage, 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 bf 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 brining money. Thereupon she was beaten up by the appellant. Coming to know of it, her fa ­ther 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.) AKEEL Ahmad PW 6 is a cousin brother of Shahana Khanam and carries on his business at Najibabad at a distance of 1 -1/2 miles from Sahanpur. One Abdul Lahab had informed him that Shahana Kha ­nam was beaten up and then set ablaze by the appellant. Akeel Ahmad PW 6 has rushed to Barhapur in a car and intimated the incident to her Mausa Ayaz Mohammad PW 7 had his wife. Thereupon Ayaz Mo ­hammad PW 7, his wife and some persons rushed to Sahanpur in the same car reaching the house of the appellant at about 1.30 A.M. in the night. They shouted and knocked the door of appellant. After sometime the door was opened and the said persons gained entry inside the house to find that Shahana Khanam was lying unconscious with burn injuries. The appellant and the ladies of his family were present. Ayaz Mohammad (father of Shahana Kha ­nam) requested them that she be taken to hospital for medical treatment but his re ­quest was not heeded to. Ayaz Mohammad PW 7 then went to police station, Najibabad and reached there at about 2 A.M. in the night. He narrated the incident to the police constable and sought help. The constable asked him to give a report. He started writ ­ing a report in Urdu. The constable told him that he would not receive a report written in Urdu and required him to bring a report written in Hindi. Then one Mohammad All told the complainant that he could get the report written in Hindi. Ayaz Mohammad was taken to the octroi -post situated at the railway station. A report in Hindi was got written by Mohammad Taheer PW 9, a Munshi at the octroi barrier. The said report was delivered at the police station by Ayaz Mohammad who requested the police con ­stable to provide him one or two police men so that he could take his daughter to the hospital. The constable asked him to con ­tact S.I. Mohd. Waseem Siddiqui CW 1 and pointed out his residence. The complainant knocked the door of Mohd. Waseem Sid ­diqui. When the door was opened, he nar ­rated the incident to him. The Sub -Inspector asked the complainant to return to Sahanpur assuring that he. would be reaching shortly.