SALMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 24.9.2008 learned Additional Sessions Judge (Fast Track), Sirohi convicted accused Smt. Salma wife of Firoz Khan and Smt. Mariam Banu @ Panku wife of Barkat Khan for the offence punishable under Section 302 Indian Penal Code and sentenced them to undergo life term imprisonment with a fine of Rs.2000/- each with a default stipulation. To question the conviction recorded and sentence awarded this appeal is preferred.

(2.) In brief, facts of the case are that on 14.11.2007 at 06:15 PM the Station House Officer, Police Station Sirohi reduced in writing the statements given by Smt. Rahisa undergoing treatment at Government Hospital. Smt. Rahisa stated that she entered into a wedlock with Shri Yasin Khan about a year and half earlier. Her 'Jethani' (sister-in-law) wife of Firoz Khan used to harass her for one or other reason including for demand of dowry. In morning of the day some dispute took place with regard to giving of a chocolate to the son of Rama Bhai. Salma objected such grant. In the evening at about 5-6 PM Salma and her mother came and threatened to kill her. Salma then poured kerosene on Rahisa and her mother put her in flames. At the time of incident neither Yasin nor Firoz were at home.

(3.) On basis of the statements so recorded (Ex.P/12) a case was registered for the offences punishable under Sections 307 and 498-A Indian Penal Code. While undergoing treatment Rahisa died on 17.11.2007, thus, the investigation for the offence punishable under Section 302 Indian Penal Code too was initiated.