HASSAN MURTAZA ALIAS JOHNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Hassan Murtaza alias Johny is alleged to have set his wife ablaze on 17-12-1993 at 7 p.m. He was booked under Section 302 of the Indian Penal Code by the police of Panchkula and the trial resulted into his conviction and sentence. Learned Additional Sessions Judge, Ambala on 27-2-1997 ordered the appellant herein to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, or in default of payment of fine to further undergo RI for six months. It is this order of conviction and sentence that has been called in question in the present appeal preferred by Hassan Murtaza.

(2.) Records of the case would reveal that whereas the occurrence leading to death of Ruksana Parveen had taken place at 7 p.m. on 17-12-1993 at the house of the appellant; FIR with regard to the incident came to be recorded at 10.05 p.m. on the same date. None other than the mother of deceased, Smt. Nisha reported the matter to the police. Her statement was recorded by Mange Ram, PW-10 at the house of the appellant. The special report with regard to the incident reached the concerned Magistrate at Panchkula at 1 a.m. on 18-12-1993 and the same was delivered by PW-7 Constable Jagdish.

(3.) While unfolding the prosecution version, Nisha, mother of the deceased, stated that she was residing at Isharpur, P. S. Kithore, District Meerut (UP) and her husband was doing cultivation. She had three sons and two daughters. The name of eldest son was Amir Haidar, younger to him was Kasim Haider, still younger to him was his daughter Nagma Parveen and younger to her was Ruksana Parveen. The youngest son was Habib Haider alias Babban. Ruksana was married about six years ago with Hassan Murtaza alias Johny. At the time of incident, her daughter and son-in-law were residing in Kothi No. 803, Sector 2, Panchkula which was in the name of her daughter Ruksana Parveen. Her daughter had two daughters, who were residing with them. Her son-in-law used to give beatings and harass her daughter. Therefore, one month back she came to her daughter to look after and to protect her. Earlier, her son Babban used to reside with her daughter but he was also made to go away from there by giving beating. About 4-5 months earlier to the date of occurrence a report was also lodged against him at the police station. On the eventful day she and her daughter were present in the Kothi. It was about 12'O clock. Her son-in-law came to the Kothi and gave beatings to her daughter with a Dhanda and left saying that he was not going to spare her that day and that she would be finished and that he would not get the vehicles transferred in her name. At about 6.30 p.m., he again came inside the Kothi, dragged her daughter Ruksana out, who was in the room and sprinkled petrol contained in a small Can (Pipi) upon her. She was present in the adjoining room. She came out on hearing the noise of her daughter. In her presence, appellant, after lighting the candle with match stick, threw it upon her daughter and her clothes immediately caught fire. She raised an alarm to save her daughter and went ahead to save her daughter, as a result of which her clothes, viz. Jhampher and Salwar got burnt at some places with the flames. Her daughter, while in flames, ran outside to save herself and fell down on the road in front of the Kothi. Her son-in-law ran away after setting her on fire saying that if she would make any report to the police, she would also be finished. She raised hue and cry. Her daughter breathed her last due to burn injuries. On coming to know about the occurrence, her son, Babban also reached the spot along with his teacher and they both went to make a telephone call.