MUNNE KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Samina daughter of appellant Munne Khan on 3.11.2007 was married with Salman Khan S/o. Ashfaq. Four years after the marriage on 9.10.2011, between 4.00 -4.30 P.M. Samina had suffered burn injuries due to pouring of Kerosene oil. The Court of Special Judge, Women Atrocities and Dowry Cases, Jaipur City, Jaipur had tried Ashfaq, father -in -law, Smt. Iqbal Begum, mother -in -law, Salman, husband, and Samida, sister of father -in -law (Bhua Saas). The trial Judge had charged the above said four accused for offences under Ss. 498A, 302 IPC, in alternate, for offence under Sec. 304B IPC.

(2.) The Court of Special Judge, Women Atrocities and Dowry Cases, Jaipur City, Jaipur vide impugned judgment dated 16.10.2004 convicted Salman for offences under Ss. 498A, 304B IPC. The said court, however, acquitted father -in -law, mother -in -law and sister of father -in -law for offences under Ss. 498A, 304B and 302 IPC. Aggrieved against the impugned judgment, Munne Khan, father of the deceased, has filed the present appeal. He has questioned the acquittal of Ashfaq, father -in -law, Smt. Iqbal Begum, mother -in -law, and Samida, sister of father -in -law.

(3.) In the present case, FIR was registered on the statement made by deceased Samina before Narendra Kumar (P.W.19) then posted as SHO, Police Station Ramganj. In her statement leading to registration of FIR (Ex. P.14), Samina stated that on 9.10.2011 at about 4.00 -4.30 PM she was present in her room when father -in -law Ashfaq, his sister Samida, mother -in -law Smt. Iqbal Begum and husband Salman suddenly came in room, they poured kerosene oil on her and set her on fire. In her statement (Ex. P.13) made to the investigating officer, she stated in categorical terms that she cannot tell as to who had poured kerosene oil and who had ignited the fire. She further stated that her elder sister Samshida brought her in a taxi to the hospital.