STATE OF HIMACHAL PRADESH` Vs. SALIM MOHAMMAD

JUDGEMENT

(1.) State has appealed against the judgment dated 4.3.1995 of the learned Sessions Court, whereby respondent Salim Mohammad, has been acquitted of the charge, under Sections 302, 498-A and 306 of the Indian Penal Code.

(2.) Prosecutions case, as it emerges from the evidence on record, is like this. Deceased Samim was married to the respondent around 14 years prior to the incident dated 22.5.1994, which resulted in her death on 1.6.1994. From the wedlock of the deceased and respondent, two sons and two daughters were born. Eldest issue was a daughter, named Nazia (PW-1). She was 13 years old at the time of the incident.

(3.) According to the prosecution, respondent started ill-treating and harassing the deceased soon after the birth of first issue, i.e. PW-1 Nazia. It appears that he was interested in marrying another woman. Often he would give beatings to the deceased and throw her out of the matrimonial house. Deceased would stay for quite long spells at her parents place leaving her eldest daughter PW-1 Nazia with the respondent. Respondent would give beatings even to Nazia. Deceased once wrote a letter Ex.PW-2-A/4 to her parents complaining about harassment and ill treatment. However, according to the contents of this letter, harassment was meted to her not by the respondent, but by her mother-in-law.