STATE OF MAHARASHTRA Vs. SK RASUL

JUDGEMENT

(1.) This is an appeal by the State of Maharashtra against the judgment delivered by 2nd Additional Sessions Judge, Akola, whereby she acquitted both the accused of the offences punishable under Section 306, 498-A r/w 34 of I.P.Code.

(2.) The facts giving rise to this prosecution are as under - Deceased Nahid Anjum was married to accused no.1 on 26/4/1992. Accused no.1 used to illtreat Nahid since the time of her marriage. She was being beaten by accused no.1 and was also forced to bring sum of Rs.30,000/- from her father. He used to give her threat that if she does not bring the money, he will not cohabit with her and will not keep any kind of relations with her. Accused no.1 used to insist upon the deceased to write a letter to her father making such demand. The deceased asked accused no.1 as to why he wanted money. She, however, wrote two chits to her father, who is the complainant. In one of those chits, she had written to her father that her husband wanted money for being given to Hamidabee as demanded by her. Hamidabee is the keep of accused Criminal Appeal no.325 of 1997. 3 no.1. When the complainant came to know of this, he called a meeting of the elderly persons from the house of accused no.1 and discussed the same with them. Accused no.1 tendered apology for the illtreatment meted out to Nahid Anjum and assured that he will not do such thing again. However, on 23/8/1992, one Sk.Akbar informed the complainant around 2.00 a.m. that Nahid has sustained burn injuries. Immediately, complainant's elder son Javed went to the house of Nahid. She was lying there all alone in serious condition. She was removed by javed to the hospital. It is alleged that Nahid had told Javed that both the accused had set her on fire and they had run away.

(3.) After deceased was admitted to the hospital, her two dying declarations were recorded by two different Executive Magistrates. Upon those dying declarations, offence was registered by the police. The deceased died of the burn injuries sustained by her. The Police had drawn spot panchanama and after completion of the investigation, a charge-sheet came to be filed against both the accused.