STATE OF MAHARASHTRA Vs. MANJUR MAHEMOOD SAYYED

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order dated 27.08.2001 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No.142 of 1998, thereby acquitting all the accused for the offences with which they were charged.

(2.) The prosecution case, in nutshell, is as under :

(3.) The learned APP appearing for the State invites our attention to the contents of the dying declarations and submits that in both the dying declarations, Rizwana stated that, husband Respondent No.1 used to suspect on her chastity/character since 1993 and used to abuse her. He used to suspect on account of interacting with her clients. Learned APP submits that it is true that in first dying declaration recorded on 16/05/1998 by the Special Executive Magistrate, Ahmednagar at Exh.61 of Rizwana, she stated that since respondent No.1/accused No.1 used to suspect about her character, therefore, she herself set her ablaze, and in second dying declaration at Exh.60 which was recorded by the same Special Executive Magistrate, Ahmednagar who recorded dying declaration at Exh.61, she stated that her husband poured petrol on her person and set her ablaze, and before setting her ablaze, her husband abused her. However, the main reason for such an incident was the conduct of the husband to suspect the character of Rizwana and to ill-treat her, as a result the said incident had taken place in which she died.