RAJIYA BI Vs. STATE OF MP

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 14th June, 2005 passed by Additional Sessions Judge, Burhanpur in Sessions Trial No. 41/2004, convicting the Appellant under Section 302 of the Indian Penal Code and sentencing her to imprisonment for life with fine of Rs. 5000/-, in default of payment of fine further rigorous imprisonment for three years.

(2.) According to prosecution, mother-in-law (Appellant) and the father-in-law of Firoza Bi (deceased) used to quarrel with her and ask her to leave their house. On 21.12.2003 at about 12 O' clock in the noon they again quarreled and asked Firoza Bi and her husband Mohd. Alim to leave their house. Salma, the sister of deceased and Sahina, the wife of elder brother of Alim were also present at the house. After quarrel when Mohd. Naeem and Alim went to their shop, Rajiya Bi poured kerosene on Firoza Bi and threw a burning matchstick over her, due to which her clothes caught fire. Her father-in-law Mohd. Amin was also present there and was saying that she should also be turned out of the house. On getting information Naeem came back to his house. Firoza Bi narrated the incident to him. He, Habibur Rehman and other persons carried Firoza Bi to hospital. Her husband Mohd. Alim also reached the hospital at about 4 P.M. On getting information, O.P. Pastariya (P.W. 11), A.S.I. Police reached Nehru Hospital, Burhanpur, where Firoza Bi was taken for the treatment and on the information furnished by her recorded Dehati Nalshi (Ex.P/19). He also requested the doctor to record the dying declaration of Firoza Bi. Dr. M.K. Gupta (P.W. 5) examined the injuries of Firoza Bi and recorded her dying declaration Ex. P/11, wherein she stated that Appellant Raziya Bi and her father-in-law Mohd. Amin set fire to her.

(3.) On 22.12.2003 at about 12.55 A.M. Firoza Bi succumbed to her injuries. Postmortem of her body was conducted by Dr. B.D. Gattani (P.W. 15). After investigation, charge sheet was filed and case was committed for trial.