ABDUL HAMEED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 12/11/1979 passed by the then V Additional Sessions Judge, Moradabad in Sessions Trial No. 279 of 1979 (State v. Abdul Hameed) convicting the appellants-accused under S. 147, I.P.C. and sentencing them to Rigorous Imprisonment for one year thereunder and further convicting them under S. 302 read with S 149, IPC and sentencing them to imprisonment for life thereunder. The sentences were made to run concurrently.

(2.) The prosecution case briefly stated is that Smt. Sehar Jahan, sister of the complainant Mohammad Alam (P.W. l) was married to Mohammad Ayyub, son of the accused Abdul Hameed, about 2 years prior to the commission of the offence. She lived with the members of the family of her husband. The members of his family had been harassing her with a view to forcing her to bring money from her brothers or to leaving their house. It is, however, alleged that her husband used to take side with her, but the accused also used to beat her husband Mohammad Ayyub, when he did so. Consequently Mohammad Ayyub was afraid of the accused. Two days prior to the present incident, Mohammad Ayyub was sent to some outstation by the accused. In the absence of her husband, her father-in-law, Abdul Hameed (accused) in the presence of the other accused, asked her to bring money from her brothers, who also lived in the City of Moradabad in another Mohalla (Mohalla Amroha Gate), but she refused. It is further alleged that the accused Abdul Hameed asked her to give her golden ornaments, but she refused. She was then kept hungry and was not given anything to eat for two days. It it further alleged that on 14/06/1978 at about 5 p.m. when her husband was away and unaware of what was going on at his house, all the accused along with Smt. Budho, the mother-in-law (since dead) shut Smt. Shehar Jahan in a room and beat her with fists and slaps. The accused Adul Hameed sprinkled kerosene oil on her while the accused Mohammad Gayyum set fire on her clothes. The accused Mohammad Yusuf after the fire poured a bucket of water on her. Thereafter all the accused ran away leaving the door of the room open. Smt. Sehar Jahan cried and screamed with the result that some neighbours came there and some of them informed her brothers who came there. Smt. Shehar Jahan told her brother Abdul Husain (P.W.3) and cousin Mohammad Nazir (P.W. 2) who visited her the same evening, that she had been burnt by the accused. When Abdul Husain asked the accused to take her sister to the hospital, the accused told him that they did not require his advice. The accused and the husband of the deceased took her to Dr. Shah's Nursing Home in Civil Lines, Moradabad, some time in the night on 14/06/1978. Mohammad Alam (P.W.1), the elder brother of Smt. Shehar Jahan was away to Chandausi. He learned about the matter on return from there in the morning of l 5/06/1978. He was not allowed by the accused to meet the deceased. Mohammad Alam lodged a written report at the police Station Kotwali, Moradabad on l 5/06/1978 at 1-15 p.m. implicating the accused Abdul Hamid, his wife Smt. Budho (since dead) and the husband of the deceased. No case was, however, registered and it was treated as a Daryaft Hal case. Sub-Inspector Raj Kumar Sharma (C.W.1) was deputed to enquire into the matter by the police. He visited Dr. Shah's Nursing Home and recorded the statement of Smt. Shehar Jahan and ultimately entered in the general diary that it was a case of accident. Smt. Shehar Jahan's condition worsened and therefore, she was shifted to the District Hospital Moradabad. Her dying declaration was recorded by an Executive Magistrate, Sri G.D. Rastogi (P.W.7) on 27/06/1978 in which she implicated the accused and also expressed that she was threatened that her young son would be murdered if she did not say that she accidentally caught fire while cooking food. She died in the hospital on 1/08/1978.

(3.) The post mortem examination was ultimately conducted on the dead body of , Smt. Shehar Jahan. In the opinion of the Medical Officer she died of exhaustion as a result of extensive burns. On the receipt of the information of the death of Smt. Shehar Jahan, the investigation into the case was entrusted to the then Sub-Inspector Mahi Lal. After the receipt of the Post-mortem report and after the completion of the investigation into the case, he submitted the charge sheet against all the accused.