FATIMA Vs. STATE OF A P

JUDGEMENT

(1.) Appellant- Smt. Fatima (A1) w/o. late Mohd. Dastagiri (deceased) calls in question the legality of the judgment rendered by the Special Judge for the trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum- VI Additional Metropolitan Sessions Judge, Secunderabad in S.C. No.471 of 2004 dated 16-5-2005, convicting the appellant for the offence under Section 302 IPC and sentencing her to life imprisonment and to pay fine of Rs.100/-, in default to suffer simple imprisonment for six months.

(2.) The accusation which led to the trial of the appellant (A1) and her elder sister-Smt. Doulat Bee (A2) was that on 7-10-2003 due to petty quarrel between the appellant and her husband (deceased), A2 doused kerosene on the deceased and A1 lit the match stick, due to which he received burn injuries and while undergoing treatment he succumbed to injuries.

(3.) The prosecution story briefly stated as under : Appellant, deceased and the material witnesses are residents of Secunderabad. The deceased, who was working as auto driver married A1 one and half years prior to the date of incident. A2 is the sister of A1 and sister-in-law of the deceased. The deceased along with A1 was residing in a rented house at New Boiguda, Secunderabad and since the marriage both of them were fighting on petty issues. On 7-10-2003 at 12 noon deceased picked up a quarrel with his wife (A1) in the presence of A2; A2 abused him and doused kerosene; for which the deceased put his wife and child in the bedroom and bolted out side and went to attend calls of nature. Later, A1 threw a litted matchstick through a window from the bedroom on his body; as a result of which his body caught in flames. He shouted for help, came out of his house and fell down on the road. Neighbours poured water on him and informed to his in laws. Immediately his brother-in-law Moin Bhai (P.W.2) came to the spot and shifted the deceased to Gandhi Hospital. P.W.8, the Head Constable, who received the telephone message from the Gandhi Hospital, recorded the statement of the injured covered by Ex.P2 and handed over the said statement to P.W.6-Sub- Inspector of Police at 5.30 p.m. On which basis P.W.6 registered a case in Cr.No.373 of 2003 under Section 307 IPC and handed over the case for investigation to PW.7 who in turn sent a requisition-Ex.P4 to P.W.1-Magistrate for recording the dying declaration of the victim. P.W.9-Inspector of police on receiving the death intimation message from the Hospital authorities altered the section of law from Sections 307 to 302 IPC and issued altered FIR covered under Ex.P12, visited the scene of offence, held inquest over the dead body of the deceased and sent the dead body to post-mortem examination. P.W. 11 who conducted autopsy over the dead body of the deceased opined that cause of death was shock due to burns. The police after completion of investigation, and after receiving relevant reports and documents laid the charge-sheet for the offence under Section 302 read with Section 34 IPC against the appellant (A1) and her sister-Doulath Bee (A2).