STATE OF RAJASTHAN Vs. ZAFAR KHAN AND OTHER

JUDGEMENT

(1.) This appeal is directed against the judgement dated 30.04.1994 passed by learned Additional Sessions Judge, Bikaner (for short 'the trial court' hereinafter) in Sessions Case No.29/1991, whereby the trial court has acquitted the accused-respondents from the offences punishable under sections 302 and 498-A Indian Penal Code.

(2.) Brief facts of the case are that on 10.11.1989 at about 07:20 A.M., Station House Officer, Police Station, Kotegate, District Bikaner had received an information on telephone from the Medical Jurist, PBN Hospital, Bikaner to the effect that Salu wife of Zafar Khan was admitted in the hospital with burn injuries and she died at about 06:20 A.M. On receiving this information, the police registered Marg FIR No.25/1989 (Ex.P/5) under Sec. 174 Crimial P.C. and st ed investigation. At the hospital, the police had prepared Fard Surat Haal Lash (Ex.P/3) and also prepared Panchnama (Ex.P/4), wherein it is mentioned that Salu wife of Zafar Khan had poured kerosene upon her and thereafter, lit the fire, on account of which she died. After 15 days i.e. 25.11.1989, PW.1 Vali Mohammed son of Noor Khan-father of the deceased Salu had submitted a written report (Ex.P/1) to the Circle Officer, City Bikaner stating that his daughter Salu was married to accused Zafar Khan about nine years ago and in the marriage, the dowry was also given but accused Zafar Khan and his mother Janni were not satisfied with the same and demanded money and other things. It is also stated that accused respondents used to treat his daughter with cruelty. It is further submitted that after the marriage of his daughter with Zafar Khan, no issue was born and on account of that also accused respondents used to taunt her on many occasions. It is alleged that on 10.11.1989 at about 05:00 A.M., his sister Smt. Khatun came to his house and informed that in the night, accused Zafar Khan and Jannani assaulted his daughter Salu and, she heard now that they poured kerosene on her and put her into fire. On receiving this information, he along with his son Ibrahim daughter-in-law Balan, Khatun and Ghisu Khan went to Zafar Khan's house, where they found Salma lying in burnt condition in the underground and she was groaning. When they asked about the incident, she told that in the night, the accused-respondents put her on fire after pouring kerosene on her. They took Salma to the hospital, where also she informed the Doctor about the same and during the course of treatment, the police also reached there and Salma had informed the same thing to the police too. It is alleged that as the accused-Zafar Khan is an influential person and his relative is an officer in the police, the police is not investigating properly and is trying to save the accused.

(3.) On the instructions of the Circle Officer, City Bikaner, police registered FIR No.401/1989 (Ex.P/9) for the offence punishable under sections 302 and 498A Indian Penal Code against the accused-respondents. After conclusion of the investigation, the police filed charge-sheet against the accused respondents for the aforesaid offences. The case was committed to the trial court and the trial court had framed the charges against the accused-respondents for the offence punishable under sections 302 and 498-A Indian Penal Code.