KHATIZAM BI SIKANDAR KHAN Vs. RAHIMAT BI KHAN

JUDGEMENT

(1.) This is complainant's appeal and is directed against Judgment dated 13.10.08 acquitting the accused under Section 406 IPC.

(2.) The complainant is a widow who had five sons and two daughters. After Judgment dated 13.10.2008 and during the pendency of her application for leave to appeal, she expired and the application for leave to appeal was pursued by one of her sons by name Liyakat Ali Khan.

(3.) The complaint was filed by her against one of her sons by name Salim Khan/A-2 and his wife Smt. Rahimat Bi Khan/A-1. However, process was issued against only her daughter-in-law the said Smt. Rahimat Khan who will be hereinafter referred to as the accused. No process was issued against her son the said Salim Khan nor the order refusing to issue process against him appears to have been challenged. Any reference to the complainant hereinafter will be to the deceased complainant.