IQBAL MIRU Vs. STATE

JUDGEMENT

(1.) IQBAL appellant and hi a mother Mst. Tuli were charged for offence under Section 302 read with S. 34, Indian Penal Code, for murder of Mst. Nisso wife of the former on the night between July 8, and July 9, 1965. Shri B. F. Barlow, Sessions Judge, Karnal, by his judgment dated 81. 1-1966, convicted Iqbal under "8. 802, Indian Penal Code, and acquitted Mst. Tuli.

(2.) THE facts of the prosecution case are that about 5 years prior to the occurrence of murder, Iqbal was married to Mst. Niaso, Due to the bad character of Mst. Nisao, the relations between Iqbal and her were strained. They used to frequently quarrel with each other. Consequently Mst. Nisso mostly remained in her father's house. About three weeks before the occurrence Iqbal brought his wife to his house in village Haldana in the district of Karnal where he and his mother were staying. Seeing her behaviour Iqbal grew all the more suspicious regarding her being a woman of easy virtue. About 10 days prior to the occurrence, he belaboured his wife. Neol Singh P, W. 4 and Tnman P. W. 6, who happened to be there, asked Iqbal as to why be had beaten his wife. He told them that his wife was of a bad character and as such he did not; want to keen her in his house. In the evening of July 8, 1965, there took place a quarrel between Mst. NISPO and Mst. Tuli Surja Lambardar P. W. 7 and some other people is the neighbourhood were attracted as a result the loud wrangle. At that time Iqbal gave fist blows and pushes to his wife in the presence of those persons. These witnesses suggested to Iqbal that if he did not like his wife and did not want to keep her in his house, be should send her to her parents. At that time Iqbal replied that it was a matter of honour for him and that he would die rather than live with her. He was advised by these witnesses not to be desperate. The case of the prosecution is that on the night between July 8 and July 9, 1965, Iqbal on exhortation by his mother Mst. Tuli, murdered his wife Mst. Nisso by cutting her neck with Gandasa, Exhibit P-1, which he had borrowed a couple of days before from Bichha, P. W. 10.

(3.) IQBAL disappeared from his house and was not seen in the village from the morning of July 9. 1965. His mother Mst. Tuli in-formed Neol Singh, P. W. 4 that Iqbal had murdered his wife. Neol Singh lodged the report with the police on July 9, 1965, at 11. 15 A. M. at Police Station Samalkha. Roshan Lal, Sub-Inspector, recorded the first information report and proceeded to the spot for investigation. After preparing the inqueat report and after collection of blood-atained earth from the spot, he sent the dead body of the deceased for post mortem examination at 2. 80 P. M. He also took in his possession blood-stained shirt, Exhibit P-6, from the person of Mst. Tuli. Dr. Surjan Singh. P. W. 3, who performed the post-mortem examination on the body of the deceased at 6. 35 P. M. on July 9, 1965, found the following wound on the person of the deceased: An oblique transverse incised wound 31/2"x 1"on the front of neck on both sides of the middle line just above the pomum adami. In depth it had cut through the muscles, big blood vessels, nerves, air and food passages down to the spine. The doctor found that stomach of the deceased contained 12 ounces of semi-digested food with good deal of undigested matter. Death, according to the opinion of the doctor, had been caused due to shock, haemorrhage and cutting of air and food passages as a result of the above said injury. According to him, the injury was ante-mortem and sufficient to cause death in the ordinary coarse of nature and had been caused with some sharp-edged weapon. He was of the view that the probable time between the injury and death was a few minutes and that a period of lees than 24 hours could have elapsed between death and the time of the post-mortem examination. When questioned as to how long after the meals the deceased could have expired, he replied that death must have occurred a couple of hours after the last meal. Iqbal remained absent from the village until he contacted Ram Dia Lambardar P. W. 14 on July 18, 1965, and confessed before him that he bad murdered his wife with a Gandasa as she was a woman of bad character and en. treated the witness to render help to him.