POLICE STATION OFFICER Vs. AMINULLAH KHAN DULEKHAN

JUDGEMENT

(1.) HEARD the learned Advocates for the respective parties.

(2.) CRIMINAL Application No. 1880 of 2002 is filed by the applicant-State and Criminal Application No. 1386 of 2002 is filed by the father of the deceased Shahista Parveen for cancellation of Anticipatory Bail granted to the non-applicants by an order dated 2-5-2002 passed by the Additional Sessions Judge, Amravati, in Criminal Application No. 178 of 2002 filed by the present non-applicants.

(3.) THE deceased Shahista was married to present non-applicant No. 3 - Zakaullan Khan on 2-6-2001. On 20-4-2002, an incident took place in which Shahista was set on fire. It appears from the record that on 20-4-2002, the police has recorded the statement of the deceased Shahista. In this statement, she has stated that two goondas had carried her from her house and set her on fire. A dying declaration dated 20-4-2002 recorded by the Executive Magistrate is to the same effect. However, when her father and relatives arrived on 21-4-2002, Shahista gave another statement in the Irwin Hospital where she was admitted. She has stated that she was thrown out of the house in the morning by Respondent No. 3 and had been set on fire by her brother-in-laws i. e. non-applicant Nos. 4, 5, 6, 7, 8 and 9. It is her contention that when she had left the house for passing urine, she was carried near Panjapura Masjid by her brother-in-laws, out of whom two were masked and they had set her on fire. On 24-4-2002, she has given another dying declaration to the Executive Magistrate in which she has stated that she was brought out of the house by non-applicant Nos. 2, 4 and 5 and set on fire by her husband, who lit the match stick. The police has recorded the spot panchnama, which supports the theory that she was set on fire near Panjapura Masjid.