RAJJAK KHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Rukhsana deceased and her younger sister Khamosh (P.W. 3) both daughters of Yusuf (P.W. 2) were married with two brothers namely Rajjak Khan accused -appellant and Ishaq both sons of Chhuttan Khan, resident of Village Aandhi, P.S. Aandhi, District Jaipur. On 19.6.2007 at 6.30 PM Rukhsana in her matrimonial home at Aandhi was subjected to burn injuries after kerosene oil was poured upon her and fire was ignited.

(2.) Yusuf Khan (P.W. 2) presented a written report (Ex. P. 3) on 20.6.2007 at 7.15 PM and on the basis thereof, formal FIR was registered at 9.30 PM. During investigation, ASI Shyamlal after obtaining opinion on 20.6.2007 at 11.40 AM had recorded statement (Ex. P. 2) of Rukhsana under Sec. 161 Cr.P.C. on 20.6.2007 at 11.50 A.M. On the said date on 20.6.2007 at 3.00 PM, Rukhsana died at SMS Medical College & Hospital, Jaipur and due to her death, her statement (Ex. P. 2) now has been termed as dying declaration.

(3.) Case of the prosecution rests on dying declaration (Ex. P. 2) and eye -witness account given by Khamosh (P.W. 3) sister of Rukhsana deceased.