STATE OF J&K Vs. LAL BEGUM

JUDGEMENT

(1.) Accused of having poured kerosene on Nahida Qamar and set her on fire on 21.08.2004 at about 11 A.M, Mst. Lal Begum, Mushtaq Ahmed and Ajaz Ahmed-respondents were tried for offences contrary to Sections 302/34 RPC. In her Statement to Police which led to lodging of FIR No.120/2004 at Police Station Thannamandi under Section 307 RPC, Nahida Qamar had indicated that after having quarreled, her family members, poured kerosene and thereafter put her on fire.

(2.) To prove the Charge, the prosecution examined PWs-Altaf Hussain Head Constable, who had recorded Nahida Qamar's statement, Tanvir Hussain, Tahir Mirza, Mohd. Afzal, Liaqat Ali, Zaffer Iqbal, Mohd. Farooq, Mohd. Tariq, Mehmood Ahmed, Dr. Iqbal Malik, Mohd. Iqbal Malik Patwari and Javid Akhtar.

(3.) PWs-Mohd Tariq and Mehmood Ahmed who were indicated in the Final Police Report to have witnessed the occurrence, did not support the prosecution case. According to PW-Altaf Hussain, he had recorded Nahida Qamar's statement in presence of Dr. Iqbal Malik in the Hospital. Dr. Iqbal Malik did not, however, support the prosecution, saying that Nahida Qamar would speak in a very feeble tone and on being enquired, had stated that no body had brunt her. He denied the suggestion that Nahida Qamar had made statement saying that her mother-in-law had poured kerosene and thereafter set her on fire. According to him, he had certified the statement under pressure. No other prosecution witness supported the prosecution case.