SHAHBUDDIN Vs. STATE O

JUDGEMENT

(1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellant from judgment and order dated 18th of December, 1982 passed by VII Additional Sessions Judge, Meerut in Sessions Trial No. 406 of 1979 State v Shahbuddin convicting the accused appellant under section 304 IPC and sentencing him to imprisonment for life and a fine of Rs. 5000. 00 thereunder with default stipulation.

(2.) FACTS necessary for disposal of this appeal as unfolded during the trial in nutshell are: Bundu, resident of Berun Sarai, police station Sardana, district Meerut married his daughter Shakila with Shahbuddin, resident of village Bana within the limits of police station Inchauli, district Meerut some 12-13 years ago. Since Shahbuddin was a lewd and lascivious person and had developed illicit relations with a lady, his relations with his wife Shakila were not cordial and he used to beat her mercilessly now and then. Whenever Bundu learnt that her daughter was beaten by Shahbuddin he used to go to her matrimonial home and fetch her to his house and then the accused used to go with his kith and kin and take Shakila with him. Once when Shakila was pregnant Shahbuddin beat her mercilessly resulting in her abortion. About two years and four months ago Shahbuddin took Shakila from his house. On 14th of July, 1976 Bundu learnt from his grandson that Shakila was admitted in Pyarey Lal Sharma Hospital, Meerut sustaining injuries with acid and then he went to the Hospital. Condition of Shakila was quite precarious and she could speak little with difficulty. She told to her father Bundu by signs and gestures that Shahbuddin caused her injuries by pouring acid in her mouth forcibly. After few days Shakila died due to injuries in the Hospital.

(3.) AFTER framing of charge against the accused the prosecution examined Anwar (PW4) and Bhusi (PW5) as eyewitnesses of the occurrence. P. W. 1 Bundu, PW 3 Rahimuddin and PW 6 Kabir are witnesses of dying declaration made by Shakila to them. PW 7 Devendra Kumar, Record Keeper Police office Meerut deposed that the complaint sent by Bundu to the Senior Superintendent of Police Meerut in the year 1976 was not traceable as such complaints are used to be weeded out after two years. His statement was recorded in the Court on 23rd of April, 1982. PW8 Constable Narain Singh stated that on 24th of July, 1976 dead body of Shakila in a sealed cover alongwith necessary papers was handed over to him for being taken for its post-mortem. PW 2 Dr Vinai Maitin who conducted autopsy on the dead body of Shakila on 24th of July, 1976 proved the post-mortem report deposing that the death was likely to be caused due to ante mortem chenical burns sustained by Smt. Shakila.