AZIZA KHATOON Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGED in this appeal is the judgment and order dated 24.9.1982, passed by the Additional Sessions Judge-III, Saharanpur in S.T. No. 251 of 1981, whereby convicting the appellants-Smt. Aziza Khatoon and Km. Nasreen for the offence under Part I of Section 304, I.P.C. and sentencing the appellant No. 1, Smt. Aziza Khatoon to rigorous imprisonment for life. The appellant No. 2-Km. Nasreen has been sentenced to ten year's rigorous imprisonment. Rest of the accused were acquitted.

(2.) ACCORDING to the prosecution version as unfolded during the trial, Shahnaz alias Chhanno (victim) sister of Mohd. Rizwan (P.W. 1) was married on 27.6.1978 to Zulfiqar Gulsher alias Bahadur son of appellant-Aziza Khatoon. She was turned out of the martial home about 2 1/2 years before the incident with warning that she would not be welcomed unless she brought cash. With the intervention of respectable persons her father-in-law Zuber Ahmad and husband took her to the marital home on 29.3.1981. On 3.4.1981 she was brought to the Government Hospital, Muzaffarnagar in badly burnt condition by her father-in-law and her brother (P.W. 1) was informed. She was unconscious at that time. Her father-in-law disclosed that she sustained burns while cooking and he left the hospital on the pretext of purchasing medicines. She was admitted in the hospital by her brother (P.W. 1).

(3.) THE victim died in the hospital on 4.4.1981 at 7 a.m. due to shock as a result of extensive burns. THE post-mortem on her dead body was conducted by Dr. Shravan Kumar (P.W. 5) and post-mortem report (Ext. Ka-6) was prepared.