MUSHTAQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal of Mushtaq is directed against the judgment of learned Additional Sessions Judge No. 2, Jaipur City, dated 30th July, 1972, whereby the accused was found guilty of committing murder of his wife by setting her to fire. The accused was convicted under Sec. 302 IPC and was sentenced to life imprisonment. He was also found guilty for offence under Sec. 342 for keeping his wife in the unlawful confinement during the time when she was burnt, and awarded rigorous imprisonment for six months. However, he was acquitted of the charge under Sec. 287 IPC.

(2.) The prosecution case against the appellant was that he was married to Jubeda deceased about three years before: the incident. It appears that the relations between Jubeda and the accused was in the habit of having drinks in excess. On the night between October 29 and 30, 1972 accused Mushtaq returned late at night to his house. When he did not find food ready for him he gave Rs. 3/ - to Jubeda to procure the food material. It is said that Mst. Jubeda purchased necessary ration and fuel but she returned from the market a bit late and therefore the accused levelled a charge against her that she had gone out to meet her lover and on this pretext gave beating to her. As the result of this beating swelling on her breast and hand and therefore, she could not cook the food. According to the prosecution story the beating of the wife went on till late in the night. Then the accused threatened Jubeda with dire consequences and it is said that he poured a bottle of kerosene oil on the clothes of Jubeda and brought a chimney near her and set her clothes to fire. Before doing so the accused bolted the room from inside. When Jubeda cried out of anguish and the people of the locality collected to help her, accused did not open the room from inside and when she lost her senses the room was opened and the neighbourers helped the injured to be taken to the S.M.S. Hospital, Jaipur. The condition of Jubeda became critical. She remained in an unconscious state upto 31.10.72. It is said that she regained her senses at about 7.45 a.m. on 31.10.72 and thereafter Magistrate Indra Vijay Singh was brought by PW4 Lajja Ram to get her dying declaration recorded.

(3.) Shri Indra Vijay Singh recorded dying declaration of Mst. Jubeda at 4 p.m. The dying declaration is Ex. P6. According to this dying declaration accused had given a severe besting to deceased when she brought the provisions for cooking the meals from the market, on account of a pretext that she had gone out to meet her paramour resulting in serious injuries on her breast and hand which made her unable to cook the food. Then the quarrel went on between the husband and wife till 12.00 in the night. The husband used sometime kicks or sometime beat her with fists and slaps. She entreated her husband that she had a little child and she therefore, should not be beaten like this. But the accused brought a bottle of kerosene oil and sprinkled on her clothes and brought a chimney near her. Her clothes caught fire. She raised a cry for help but Mushtaq bolted the room from inside and did not allow the neighbourers to come in to extinguish the fire. Mushtaq remained standing through out inside the room till she lost her senses. It is also stated in this dying declaration that Mushtaq was in a drunken state at that time. Mst. Chhote PW2 mother of the deceased when came to know that the deceased had received burns, went to see the deceased in the hospital on 31.10.72. Mst. Jubeda made a dying declaration to Mst. Chhote to the effect that she was burnt by her husband. Late at night on 31.10.72 Mst. Jubeda died of burns Post -mortem examination of her body was conducted by Dr. P.N. De PW7. His opinion was that she died of burns.