MEHMOOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant is the husband of the deceased Smt. Mehrunnisha. In the intervening night of January 9/10, 1992, Smt. Mehrunnisha died at her husbands house in suspicious circumstances. For her death the appellant was prosecuted for the offences punishable under Sees. 302, 304-B and 498-A I.P.C. in the court of Additional Sessions Judge, Jhalawar and vide impugned judgment dated October 4, 1993, the trial Court convicted him under Sees. 302, 304-B and 498-A I.P.C. Under Sec. 302 I.P.C., he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-. In default payment of fine to undergo 15 days rigorous imprisonment. Under Sec. 304-B I.P.C., he sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 100/-, in default of payment of fine to undergo 15 days rigorous imprisonment. Under Sec. 498-A I.P.C., he was sentenced to undergo one years rigorous imprisonment and to pay a fine of Rs. 100/-. In default of payment of fine to undergo 15 clays rigorous imprisonment. The substantive sentences were ordered to run concurrently. This appeal is directed against the aforesaid judgment and order of the learned Additional Sessions Judge, Jhalawar.

(2.) The facts of the case are set out extensively in the impugned judgment of the trial court which indicate that the deceased Smt. Mehrunnisha was married to the appellant about 13-15 months prior to her death. After marriage, she was living in her matrimonial home at Jhalawar with the appellant while her parents resided at Modak. After marriage she used to come at her parents house and the matrimonial relations between the husband and wife remained cordial for 2-3 months. Thereafter, the appellant started making unlawful demand of money and used to harass and beat the deceased for not bringing money from her parents. On account of harassment and cruel treatment, with which she was subjected, she came to her parents house and resided there for about eight months. She made complaints to her parents about unlawful demand of Rs.10,000/- which was being made by the appellant and the fact of harassing her to bring the money from her father. He told her that from the money, he would established a factory and as such, his demand should be fulfilled even by selling immovable property. Smt. Melirunnisha was then taken by the appellant to his house who not allow her to visit her parents house again.

(3.) Information about the death of Smt. Mehrunnisha was given to her father by one Rashid, son of her mothers sister. After getting information, P.W. 8 Suleman Khan, father of the deceased, made a report at the police station Kotwali, Jhalawar on 10th January, 1992. The report was entered in Rojnamcha Aam of the police station and First Information Report (for short F.I.R.) No. 1/1992 was registered under Sec. 174 Cr. P.C. During inquiry under Sec. 174 Cr. P.C., inquest report (Ex. P1 6) was prepared on 10th January, 1992. The autopsy upon the dead body of the deceased was conducted by a Medical Board consisting of P.W. 2 Dr. Gauri Shanker Chauhan, Dr. C.S. Vyas and Dr. (Mrs.) Chitra Mathur. As per Post Mortem Report (Ex. P.3), at the time of post mortem examination rigor mortis was present and decomposition had started. Both eyes of the deceased were closed slightly buldging out. Conjectiva congested and pupil widely dilated and mixed. Froath with food material and blood stains coming out from the mouth and nostril. There was ligature mark present 2 below the right angle of mandible, 4 x 1- I 14 and about 1/4 deep groove extended from ant. aspect below the thyroid cartilage (Rt. ant. lat. aspect of neck). This injury was found ante mortem in nature. On dissection and internal examination, echymosis was found present below the ligature mark. Neck muscle echymorval and swellen. Rupture of trachea at level of 3rd and 4th ribs was found. The deceased was also carrying a pregnancy of about 12-14 weeks. The cause of death was opined Tasphyxia as a result of strangulation.