STATE OF RAJASTHAN Vs. HABIB KHAN

JUDGEMENT

(1.) The instant D.B. Criminal Appeal has been preferred by the Appellant-State under Sec. 378(iii) and (i) of the Code of Criminal Procedure, 1973, against the accused-respondents namely (1) Habib Khan and (2) Zubeda, assailing the validity of judgment dtd. 28/9/2002 passed by learned Additional Sessions Judge (Fast Track), Ratangarh (Churu), in Sessions Case No. 16/2002 (28/2001), whereby the accused-respondent Habib Khan has been acquitted of the offences under Ss. 302, 120-B and 498-A IPC and accused-respondent Zubeda has been acquitted of the offences under Ss. 302, 120-B, 109 and 498-A IPC.

(2.) As per the life and death report placed on record by the learned Public Prosecutor, the accused-respondent Habib Khan, son of Azam Khan, resident of Sardar shahar, District Churu, has expired during the pendency of the present appeal. In view of his death, the present D.B. Criminal Appeal, insofar as it relates to accused-respondent Habib Khan, stands abated. However, the proceedings shall continue against the remaining accused-respondent Zubeda, who is reported to be alive.

(3.) As per the prosecution case, the complainant Nazir Khan, son of Azam Khan, resident of Sardarshahar, District Churu, lodged a written report at Police Station Sardarshahar, wherein it was alleged that his brother-in-law Akbar's daughter, Razia Bano (aged about 25 years), was married to Umed Khan, son of accused-respondent Habib Khan, who resided in a neighboring house. It was further alleged that on 12/7/2001 at about 9:00 AM, the complainant, along with Bhanwaru Khan and Mustaq, was standing in the lane in front of the house of Habib Khan when they heard a commotion from inside, and Habib Khan was shouting that he would kill Razia Bano. Upon hearing this, they entered the courtyard (bakhal) of the house and saw accused-respondent Habib Khan holding a gandasi and striking a blow on the right side of the head of Razia Bano while she was washing utensils. It was further alleged that when they intervened, the accused-respondent fled from the rear side of the house carrying the weapon with him. The complainant and others attended to Razia Bano, but due to excessive bleeding, she succumbed to her injuries on the spot. It was also alleged that at the time of the incident, the deceased was alone in the house, as her mother-inlaw had gone to the fields and her children had gone to school, and that thereafter, upon hearing the commotion, nearby residents also gathered at the place of occurrence. Thus, according to the prosecution, accused-respondent Habib Khan committed the murder of his daughter-in-law Razia Bano by inflicting injuries with a gandasi.