STATE OF HIMACHAL PRADESH Vs. NAWAB KHAN

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 9.5.1993 accused was put to trial. In terms of judgment dated 29.12.1998 passed by the learned Sessions Judge, Bilaspur, H.P. in Sessions Trial No. 12 of 1994, titled as State of H.P. versus Nawab Khan, the accused stands acquitted of the charged offences.

(2.) It is the case of the prosecution that on 9.5.1993 at about 10.00 p.m. information was received from the District Hospital, Bilaspur by the police at Police Station, Bilaspur that a lady by the name of Smt. Sajida Khan was admitted in the hospital with burn injuries. Police rushed there. On the application (Ext. PW 8/A) filed by the police the Doctor certified her fit to make a statement. Sub Divisional Magistrate Sh. Prabodh Saxena (PW-7) was requested and her statement (Ext. PW7/A) recorded by him. On the basis of the statement of Smt. Sajida Khan F.I.R. No. 77/93 (Ext. PW19/A) dated 9.5.1993 under Sections 498-A, 307, 302 of the Indian Penal Code was registered with Police Station, Bilaspur. The injured was examined by Dr. Savita Mehta (PW-8) who issued M.L.C. (Ext. PW 8/B) and burn injuries were found to the extent of 90% as such she was referred to the P.G.I. at Chandigarh. Patient was immediately taken to P.G.I. at Chandigarh where she remained admitted till 14.5.1993 when she succumbed to her injuries. At Chandigarh her statement (Ext. DW1/A) was also recorded by the Executive Magistrate Sh. Ashwani Kumar (DW-1). Investigation revealed that sometime in the year 1987 deceased was married to accused Nawab Khan. He had no source of income. He was a short tempered man. Since the inception of marriage he physically assaulted his wife under the influence of liquor. He tortured and caused mental and physical cruelty. Deceased used to narrate the same to her parents and relatives. Inspite of their intervention accused did not mend his ways. Also on the night of the incident accused demanded ear rings worn by the deceased. Since she did not heed to his demands she was set on fire by him. Investigating agencies visited the spot and collected the relevant articles showing the deceased to have suffered burn injuries on account of fire. At Chandigarh post mortem was done by Dr. Inderjit Dewan (PW-9) who issued Post Mortem Report (Ext. PW9/A) and opined that cause of death was shock due to septicaemia as a result of 95% septic burns. The investigating agencies completed the investigation and presented the challan in the Court for trial.

(3.) Accused was charged for having committed offences punishable under Sections 498-A and 302 I.P.C. to which he pleaded not guilty and claimed trial.