JAHANGIR ABDUL RASHID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants have preferred this appeal against the Judgment and Order dated 26/02/2001 passed by Additional sessions Judge, Pandharpur holding them guilty of commission of offences punishable under sections 498-A r/w 34 and 302 r/w 34 of the Indian Penal code and sentencing them to suffer R. I. for three years and to pay fine of Rs. 500/- in default to suffer R. I. for two months for offence under section 498-A r/w 34 of the Indian Penal Code and for life imprisonment and to pay fine of rs. 500/- in default to suffer R. I. for two months for offence under section 302 of the Indian Penal Code.

(2.) THE facts giving rise to the present case, in short, are thus-

(3.) THE accused No. 1 is the son of the accused No. 2. Both are charged for murder of Razia wife of accused No. 1 by setting her on fire and also for subjecting her to cruelty to get their unlawful demand of Rs. 50. 000/- satisfied prior to her death. Deceased Razia was daughter of one P. W. 1 Sugarab jamadar and sister of P. W. 6 Arif Jamadar. She was married to the accused no. 1 about two years prior to the incident. Accused No. 2 is the mother of the accused No. 1. Both were residing together at Akluj in Tal. Malshiras. After marriage of Razia with accused No. 1 used to reside at the matrimonial house razia begotten a son by name Nihari from accused No. 1, who was working a pigmy agent. Both the accused intended to have a Rickshaw for the accused no. 1. Hence they insisted Razia to bring an amount of Rs. 50,000/ - from her parents, but her parents were poor, Razia could not satisfy their unlawful demand. Both the accused, therefore, subjected her to cruelty by beating and abusing to see that their unlawful demand was satisfied but Razia was firm on the point not to bring the money from her parents due to their poverty. On 8-6-1999 at about 5. 00 p. m. both the accused and Razia were present in the house. Both the accused reiterated their demand for Rs. 50,000/- and as razia reiterated that she could not satisfy the demand due to poverty of her parents. Both the accused took it offending and accused No. 1 took a kero sene drum from his house and poured kerosene on Razia and accused No. 2 set Razia on fire with match stick. Razia in the flames raised shouts people in the vicinity including her sister-in-law and her husband arrived, Thereafter accused poured water on burning Razia and extinguished fire. Thereafter razia was moved to the Rural Hospital, Akluj from where she was immeately taken to Abhijit Hospital of P. W. 9. After taken in the said hospital P. W. 9 sent a letter to the Akluj Police Station informing about burnt Razia admit ted in the hospital and her general condition was poor. In response to the letter Police Head constable P. W. 3 Shivaji Pansare went to the hospital. he contacted Dr. Gandhi and asked about the burnt patient Razia. P. W. 3 Con stable Pansare expressed his desire to record the statement of burnt Razia and he asked Dr. Gandhi whether she was conscious and fit to give the statement. Doctor examined her and told that she was conscious and fit to give her statement. Thereafter P. W. 3 recorded statement of Razia wherein she squaarely implicated both the accused persons stating in details about their unlawful demand and consequent setting her on fire. The statement was duly recorded and read over to Razia. She admitted the contents. Her thumb impression was obtained below the statement. Dr. Gandhi was present while recording the statement put his endorsement below the statement and signed it. After recording statement at about 9. 45 p. m. on 8-6-1999 P. W. 3 went Akluj Police station and on the basis thereof registered offence at C. R. No. 79/99 under sections 498-A and 307 r/w 34 of the Indian Penal Code against both the accused persons and entrusted the investigation to Police Inspector Patil meanwhile on the same night Tahsildar, Akluj was asked by the police to record the statement of burnt Razia, who was admitted in the hospital of dr. Gandhi. Accordingly, P. W. 7 Ramchandra Londhe the officer from Tahsil office came to hospital and recorded dying declaration of Razia under super vision of Dr. Gandhi, which was on the similar line of her earlier statement. It was recorded at about 1. 00 a. m. during the night. During further investigation the Investigating Officer visited the scene of incident and prepared panchanama and seized incriminating articles such as plastic drum containing kerosene, match box, pieces of broken bangles and burnt pieces of blouse smelling of kerosene. The officer recorded statement of witnesses and on that basis both the accused were put under arrest. Their clothes were seized under panchanama. All the incriminating articles seized in the course of the investigation were sent to Chemical Analyser for examination, whose report was received and is part of the record. In the meantime Razia was shifted from Abhijit Hospital to the Hospital at Pune and thereafter to her parental home in Tal. Indapur where she succumbed to the burnt injuries on 12-7-1999 i. e. more than a month after the incident. Inquest panchanama was prepared and dead body was sent to the post-mortem examination. Razia had suffered 75% ante mortem burns and died of septicemia due to such burns. The offence against the accused was converted into section 302 of the Indian Penal Code. On completion of investigation the charge-sheet was sent to the Court of law. The learned Magistrate committed the case to the Court of Sessions.