STATE OF RAJASTHAN Vs. MOHAMMAD SAHID

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Sessions Judge, Jodhpur. dated 4/11/1976 by which he has acquitted the accused-respondent of the offences punishable u/Ss. 302, 201 and 176, I.P.C. Leave to appeal was granted by this Court on 28/03/1977. The prosecution case may be summarised thus.

(2.) Mohd. Sahid (accused-respondent) was married to Mst. Rashida (deceased) in the year 1974. After 3-4 months of the marriage, quarrels started in between Mst. Rashida and her mother-in-law Mst. Kulsum and sister-inlaw Mst.Shahnaj as the former protested the visit of Gaffar Chadwas to their house and she (Mst. Rashida) suspected his illicit relations with Mst. Kulsum and Mst. Shahanaj. The couple started living separately in a house situated in Shekhpada Mohalla (Khanda Falsa), Jodhpur. Mst. Kulsum used to come there and to poison the ears of her son Mohd.Sahid against Mst. Rashida and Mohd. Sahid started reprimanding and beating Mst. Rashida. In the noon of 23/04/1976, the accused Mst. Sahid was seen with his wife Mst. Rashida and she was found dead. On inquiry, the accused told that Mst. Rashida slipped from a stool while she was taking out onions from the upper portion of the room and received injuries on her neck from the corner of a cot. After a couple of days, he disclosed that Mst. Rashida committed suicide after hanging herself with a rope. After inquiry, her parents were satisfied that she was throttled to death by her husband Mohd. Sahid. On 6/05/1976, Jahoor Khan P.W. 4 (Nana of the deceased) submitted report Ex. PI 6 in the Police Station, Khanda Falsa, Jodhpur with the aforesaid averments. Accordingly, a case under Sections 302 and 201, I.P.C. was registered. On 8/05/1986, the body of the deceased was exhumed in presence of City Magistrate, Jodhpur Shri Virendra Singh Shishodia P. W. 13 and Medical Jurist Dr. P. Dayal P.W. 12 and the same day it was shifted to the mortuary of the M.G. Hospital, Jodhpur. Dr. P. Dayal P.W.12 performed the post-mortem examination and prepared his report Ex. P/14. After necessary investigation, challan was filed against the accused-respondent Mohd. Sahid under Sections 302, 201 and 176, I.P.C. He was committed to the Court of the Sessions Judge, Jodhpur. Charges under the aforesaid sections were framed. The prosecution examined 15 witnesses and tendered and proved 16 documents. In his examination recorded under Section 313, Cr. P. C., the accused admitted that Mst. Rashida was his wife, she suddenly died, after about 15 days her body was exhumed from the grave-yard in presence of the City Magistrate and therefrom it was shifted to M. G. Hospital, Jodhpur. He pleaded either ignorance or denied remaining parts of the prosecution story.

(3.) The accused also put in his written statement under Section 233(2), Cr. P. C. Therein, he disclosed, in short, as follows. He never repremanded and beat Mst. Rashida at the instance of his mother and sister. On the day his wife Mst. Rashida died, it was Friday, he came to his house at about 12 noon and after taking bath he went to offer Friday prayer in the mosque. On his return from mosque, he found Mst. Rashida lying dead on a cot. Despite his repeated calls, she did not speak. He came out from the room and called his aunt. She came there. He sent a boy to his father-in-law Khalil P.W. 11. He himself went to bring Dr. Chawla P.W.9 Dr. Chawla examined Mst. Rashida and declared her dead. By that time, several ladies and relations collected there. He sent a man to the office of his father-in-law Khalil P.W. 11 and also informed other relatives. 70-80 relatives and neighbours collected there. She was burried in the grave-yard in accordance with the prevailing customs and practice of his community. He could not know the cause of her death. He understood that she had suddenly died due to some trouble in the pregnancy. He did not tell to anybody as to how she died. After her death, his mother-in-law asked his mother for the return of the dowry. She refused to do so as her relations with the deceased were strained and for this reason this false case has been foisted after consultations and deliberations against him in connivance with Dr. P. Dayal.