RAMZANALI GULAM HUSSAIN ADATIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Ramzan Ali Gulam Hussain and one Barkya alias Ashok Parshram Patil were tried for an offence under section 302 read with section 34 of the Indian Penal Code, by the learned Additional Sessions Judge, Pune, on the charges that they had committed murder of Smt. Mangala alias Zarina wife of Ramzam Ali by stabbing and setting fire to her person after pouring petrol on her on 26-11-1980 on Alandi, Pune Road. Barkya was acquitted but Ramzan Ali (the appellant) was convicted under section 302 and was sentenced to imprisonment for life. The present appeal is directed against the said order of conviction and sentence.

(2.) The prosecution story can be stated thus : One Raghunath Bhalerao belonging to Christian community resides in Somwarpeth Pune. His family consisted of his wife, their four daughters including Mangala alias Zarina the deceased, Shalini (P.W. 7) and a son Ashok. Out of the four daughters, Meena and Rohini were married and were living with their husbands. Mangala alias Zarina had a love affair with appellant accused No. 1 . They married at Alandi on 2-4-1977. Nearly three months before the marriage Mangala had delivered a male child. The marriage was celebrated according to the Muslim religion and after the marriage Mangala was re-named as Zarina. Husband and wife started living in a different house but in the same locality. The peace did not last long and quarrels started between husband and wife. Ramzan Ali started having a love affair with his cousin Salma. They had taken out a joint photograph. This fact was disclosed by Zarina to her sister Shalini and the photograph was also shown. There were disputes between Zarina and Ramzan Ali over the custody of the child. The matter was contested in Court of law. Zarina had left the house of her husband and started living with the incident, she was continuously residing there. In the evening at about 5 oclock, on 26-11-80 Salim the brother of Ramzan Ali came to the house of Shalini to see his sister-in -law Zarina . Salim handed over cinema ticket of Alankar theatre and also some cash to Zarina telling that the same were given by Ramzan Ali. Salim told Zarina that her husband had called her to see 6-30 cinema-show of the movie "Dostana". Zarina prepared herself for going to the movies and thereupon Shalini had questioned her as to where She was going. Zarina told the sister that her husband had sent her cinema ticket of Alankar talkies and in response to the call of the husband she was going to a movie. Shalini told Zarina as to why she was going to cinema with her husband when there were standing quarrels between them. Zarina told her in reply that it was her duty to respond to the call of her husband. So saying Zarina left the house at about 5-40 p.m. On the same evening one Hanmant Baburao Kalje was grazing his cattle on Pune-Alandi road at a place known as Dighi magzine. After the sun-set he had kept his cattle in the cattle-shed and had gone to the hotel of his brother Balu for drinking water. There was petromax light in the hotel. A about 8.30 p.m. Hanmant Kalje (P.W. 5) happened to notice one scooter coming to the hotel. One lady and one short statured boy were on the pillion seat of the scooter which was being driven by one tall man. The scooter stopped on the road and all the three persons came to the hotel, took tea and Bhel and thereafter went away on the scooter towards Alandi side.

(3.) On the same night one Matador-cum-tempo belonging to one Mohammad Turkus, Pune was returning from Alandi to Pune. Mohammed Hanif (P.W. 6 ) was the cleaner on that vehicle. Mohammad Hanif happened to see a burnt lady. The vehicle was stopped. Persons from the crowd gathered and requested the driver and the cleaner to carry the burnt lady to the Sassoon Hospital Pune. Accordingly she was taken to the said Hospital. On the way Mohammad Hanif happened to question the burnt lady about the cause of the burning. Thereupon she told him that her husband beat her, husbands friend poured petrol on her body and that her husband set fire to her clothes by a match stick. At the Sassoon Hospital, Mohammed Hanif was told by the burnt lady to report this matter to her mother by going to her house in Somwarpeth. Accordingly Mohammad Hanif went to their house and reported the matter to P.W. 7 Shalini and other family members. This message was conveyed at about 10-30 p.m. Shalini along with her brother and mother rushed to the hospital and reached the burns ward at about 11 to 11-30 p.m. When Shalini noticed Zarina fully in a burnt condition, she had questioned Zarina as to what had happened. Zarina gave a long story stating all the facts. Zarina told her that during the interval of the cinema show, her husband took her out of the theatre and brought her to Vishrantwadi side . One rikshaw was see approaching the scooter. Barkya (original accused No. 2) Who is the friend of Ramzan Ali (original accused No. 1) was in the rikshaw. Barkya left the rikshaw and all the three started riding the scooter. On Alandi Road, they had gone to one hotel from where she was taken ahead towards Alandi. On the way near Dnyaneshwar Paduka stop, the scooter was stopped. The husband started assaulting her and gave knife blows. Barkya poured petrol on her person and her husband set fire with match stick. By seeing flames she started shouting and, therefore, her husband and Barkya fled away.