USMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28. 1. 1998, passed by learned Additional Sessions Judge, Deeg, District Bharatpur, in Sessions Case No. 47/95, whereby the accused appellant was convicted and sentenced under Section 302 IPC to undergo life imprisonment and a fine of Rs. 1,000/- in default to further undergo six months imprisonment.

(2.) THE prosecution story, in brief is that one Subddin, resident of Kheri-Alimuddin, accompanied with 3-4 persons informed at Police Station Zurhara, District Bharatpur at about 4 a. m. on 13. 6. 1995 that Usman Mave had killed his wife by strangulation. This oral information was recorded in Rojnamcha which is Ex. P. 8. On receiving this information, S. H. O. Police Station Zurhara proceeded to village Kheri Alimuddin where P. W. 5 Zor Mohammed (father of deceased Mst. Haleema) submitted a written report Ex. P. 2 at about 6 a. m. on 13. 6. 1995 with the averments that at about 11 p. m. in the night Subddin came to his village Ranika and informed him that his daughter Haleema had been killed by her husband Usman. THEreupon, he alongwith Sarpanch Makul, Idris, Mahmood Abdul reached village Kheri Alimuddin at about 4 a. m. and found his daughter dead in her house. Villagers of Kheri Alimuddin informed that Usman killed Haleema at about 5-6 p. m. on 12. 6. 1995 by strangulation and Hasmal and Mst. Basri respectively father and sister of Usman were also involved in this crime.

(3.) ESAUS gyhek dh tks esjh ?kjokyh gs] ukm+ ij gkfk /kj dj gr;k dj nha**. When Usman was running from his house they went inside the house of Usman and found Haleema lying dead. Usman was caught hold of by the villagers. It was admitted by P. W. 1 Zamil Khan in cross- examination that Subddin is the husband of elder sister of Haleema. It was also deposed that Kalu Singh, Buddi and Meer Khan were neighbours of accused Usman and they also came there. P. W. 12 Meer Khan did not support the prosecution case, hence he was declared hostile. He deposed that he saw the dead body of Mst. Haleema from a distance 150' but he did not see accused Usman. He pleaded ignorance as to whether accused Usman was residing in Hyderabad. He also denied the suggestion that accused usman came to him and confessed his guilt. P. W. 3 Abdul Mave, resident of village Ranika, cousin brother of deceased Haleema stated that after coming from Hyderabad, the behaviour of Usman was changed for Mst. Haleema. P. W. 4 Jume Khan, elder brother of Subddin stated that Haleema was married to Usman 8-9 years prior to the occurrence and both were having very good relations. The accused went to Hyderabad about one and half year ago and when he came back his behaviour was not good with his wife Mst. Haleema. P. W. 5 Zor Mohammed, father of deceased Haleema supported the contents of F. I. R. Ex. P. 2. His statement was recorded on 22. 2. 1996 in the trial Court. He stated that the accused went to Hyderabad four years prior to this occurrence and since then he started beating Mst. Haleema. It was also stated that Haleema was residing in a separate room with her husband Usman. In cross- examination it was stated that out of this wedlock a son was born to them who is about five years of age. P. W. 6 Kamroo and P. W. 8 Ali Mohammed, both residents of village Kheri Alimuddin and witnesses of site-plan Ex. P. 3 were declared hostile as they did not support this site plan. Both of them, though residents of the village of the accused, denied to see even the dead body of Mst. Haleema. P. W. 7 Makul, resident of village Ranika and cousin brother of Mst. Haleema accompanied P. W. 5 Jar Mohammed. He and P. W. 5 also proved Ex. P. 4 Panchnama of the dead body. P. W. 9 Lekhraj Singh, Head-Constable, P. W. 10 Kishan lal are formal witnesses and P. W. 11 Vijay Pal, the then S. H. O. investigated the case.