AKEEL AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AKEEL Ahmed, the present appellant was married with Mumtaj Begum. Out of wedlock, six sons and one daughter was born. Elder son was aged about 21 -22 years. On 12.9.2004 at about 11.00 AM appellant had poured acid upon his wife Mumtaj Begum. During treatment Mumtaj Begum died and appellant was prosecuted for offence under Section 302 IPC. The Court of Additional Sessions Judge (Fast Track) No. 1, Kota in Sessions Case No. 15/2005 vide impugned judgment dated 20.10.2005 held the appellant guilty of offence under Section 302 IPC and vide a separate order of even date sentenced the appellant as under: - -

(2.) IN the present case, initially statement of Mumtaj Begum (Ex. P/22) was recorded at Burns Ward of MBS Hospital, Kota by Sayed Ahsaan appearing as PW/20. In the Court this witness stated that on 12.9.2004 he was posted as ASI, Police Station Gumanpura. He proceeded from the Police Station to MBS Hospital, Kota where Mumtaj wife of Akeel Ahmed was lying admitted at bed No. 8 in burns ward of the hospital. He obtained an opinion of the doctor regarding the condition of Mumtaj Begum. Doctor gave the opinion (Ex. P/5) declaring Mumtaj Begum to be fit to make statement. After obtaining opinion of the doctor regarding fitness of the Mumtaj Begum, patient ASI, Sayed Ahsaan (PW/20) recorded statement (Ex. P/22) made by Mumtaj Begum. In her statement Mumtaj Begum stated that she was married with Akeel Ahmed accused appellant in 1980 at Chhipabarod. After the marriage they were residing at Kartarpura and she gave birth to six sons and one daughter. It was further stated that her husband was a compulsive gambler and he used to beat her badly. They were quarrelling with each other from last one month, the husband used to complain that the wife used to chatter a lot and for this reason, he used to suspect her fidelity. It was further stated that she used to attend to 'Jihn' (demon) a spirit (practice a kind of exorcism). He often said that he do not believe in 'Jihn' a demon and he will pour acid to see whether 'Jihn' will save her or not. On the fateful day i.e. 12.9.2004, husband bolted the door of the room and poured acid upon her. On the basis of above statement, a formal FIR No. 563/2004 (Ex. P/23) was recorded at Police Station Gumanpura, Kota. The Investigating Officer in the present case also made a request to ACJM, Kota for recording the statements of Mumtaj Begum who was lying admitted in burns ward of MBS Hospital, Kota. On the request (Ex. P/27) made by the Investigating Officer Hari Mohan Gupta, Additional Chief Judicial Magistrate (PW/21) reached at the hospital where Mumtaj was lying admitted. At that time duty doctor was not available. Magistrate asked few questions to Mumtaj Begum to assess her fitness, thereafter he recorded dying declaration (Ex. P/28), the same when translated into English reads as under:

(3.) THIS witness had also examined appellant Akeel Ahmed on 14.9.2004 and as per medico legal report Ex. A/4, had found three burn injuries on his person. Injury No. 1 was 1/4" x 1/8" burn on forehead. Injury No. 2 was six burns on elbow of different sizes varying from 1/4" x 1/4" to 1/8" to 1/8" on right elbow. Injury No. 3 also had three burns of varying size on middle of left forearm.