SABIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by accused appellant Sabir against the judgment dated 2.6.2001 passed by Special Judge (Atrocities on Women and Dowry Cases) Kota whereby the accused appellant was convicted for the offence under section 302 Indian Penal Code and was sentenced to life imprisonment and Rs. 1000/- fine, in default to further suffer imprisonment of six months RI.

(2.) The brief facts relevant and essential for the disposal of the appeal are as under.

(3.) In this case, accused Sabir is a husband of the deceased Smt.Haseena Parcha Bayan Ex.P/3 of Smt.Haseena was recorded by PW-5 Tejsingh Sub Inspector Police Station Kanhadi on 28.9.2000 at 7.45 pm in MBS Hospital, Kota wherein she stated that her husband Sabir is a drunkard. On the day of her statement i.e. 28.9.2000, her husband consumed liquor and then demanded money from her for liquor. She further stated that she refused to give money and told that she had no money. Accused poured kerosene on her body and lit fire by match stick. Her clothes caught fire and her hands and breasts etc. got burnt. Ratnaram poured water on her body. She also stated in her statement that this incident occurred at 6-7 pm. Police registered a case for the offence under section 302 IPC. Accused Sabir was arrested. Police seized plastic bottle of kerosene and match box and burnt match stick from the place of occurrence. On the application of police, learned Addl.CJM No.3, Kota recorded the dying declaration of Smt.Haseena on 28.9.2000 of 9.10 pm. Ultimately Smt.Haseena died in the Hospital on 17.10.2000. Her autopsy was done and post mortem report Ex.P/10 was prepared by Dr.P.K.Tewari PW6. After completion of the investigation challan was filed for the offence under section 302 Indian Penal Code before the concerned Magistrate wherefrom the case was committed to Sessions Judge Kota and ultimately the case was transferred to Special Judge (Atrocities on women and Dowry case), Kota.