AZHAR BEG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed by the appellant, Azhar Beg against the conviction for killing his wife Anisha, on 12-6-1991 at about 9.00 p.m. at the house of the accused appellant. The appellant-, Azhar Beg, was tried and was ultimately convicted by the learned Special judge SC/ST(Prevention of Atrocities) Act, Jodhpur under the Sec. 302, IPC and was sentenced for life imprisonment and fine of Rs. 1000/- and in default, to further undergo for two months. Appellant-Azhar Beg was further convicted under Sec. 498-A of IPC and was sentenced to one year rigorous imprisonment and with a fine of Rs. 500/- and in default to further undergo fur one month's rigorous imprisonment. However, he was acquitted of the charge under Sec. 304-B of the Indian Penal Code. Smt. Noorjahan and Shri Firoz Khan who were also tried along with appellant under Secs. 304-B and 498-A of the I.P.C. were acquitted of the charges by the trial Court.

(2.) Being aggrieved by the order of the aforesaid conviction, the appellant has filed the present appeal. The facts relating to the prosecution story, are that Anisha was burnt on 12-6-91 a.9.00 p.m. at the house of the appellant, situated at Subhash Chowk, Ratanada, Jodhpur. The injured-wife was taken to the Mahtma Gandhi Hospital, Jodhpur at about 11.45 p.m. by her father-in-law and mother-in-law. The facts leading to such unfortunate incident as stated by the prosecution, are that on 12-6-91 at 9.30 p.m. the appellant had come at the house and started beating his wife Anisha with the demand of money to be brought from her parents. He had further given a threat that she would be burnt and immediately after that, unfortunate incident had occurred. Smt. Anisha was admitted in the said hospital with 90% burns on 12-6-91 at 11.45 p.m. and being medico legal case, the Police Station, Udaimandir was informed at 12.10 p.m. Anisha had ultimately died on 18-6-1991 at 5.30 p.m.

(3.) Apart from the information given by the hospital authorities as per record, an FIR was also got lodged by Shri Abdul Gaffar Khan son of Shri Haji Bahadur Khan, P.W. 2 an uncle of the deceased, Ex. P/6 which, though dated 13-6-1991 was registered in the police station on 14-6-1991 at 00.15 a.m. against the appellant Azhar Beg and naming three other persons i.e. Riaz Beg, father of Azhar Beg, Noor Jahan, mother of Azhar Beg and one Mohammed Beg, brother of Azhar Beg. It was stated in the FIR by the complainant that at about 2-00 p.m. when he was at his home, he was informed by one Firoz Khan son of Abdul Sattar that Anisha has been admitted in the hospital in burnt condition and on learning this fact, he had immediately rushed to the hospital and found Anisha in a badly burnt condition. He had asked Anisha the circumstances leading to such condition and Anisha had told him that her husband had burnt her yesterday night at 9-00 p.m. by putting kerosene oil on her and then lighted the fire and before the accident she was given beating by her husband and mother-in-law with the demand that she should bring money from her parents and on her refusing to do so, she has been burnt by putting kerosene oil on her and they had also closed the door. After some time her father in law and mother-in-law came and brought her to the hospital. He had further stated in the FIR that his niece had been married to Azhar Beg son of Riaz Beg about four years back and immediately after marriage, they had started demanding money from the father of Anisha and they had been beating her, harassing her and taunting her for bringing less dowry. He had further alleged in the FIR that he had also been helping her in meeting the demands of the dowry, but still harassment continued day by day. He further stated in the FIR that her husband used to beat her after taking drinks and ultimately situation had reached to such an extent that Anisha had to file the case in the Family Court even for maintenance and Court had fixed the maintenance for Anisha but later on, on the intervention of one Advocate-Shankutla Mehta and on the assurance given by the husband that he would not beat her in future and on the apology having been tendered and promise given that he would not demand any money or dowry in future and when such assurances had been given in writing, on the stamp paper, they had compromised with him but despite this, on 2-6-1991 both husband and wife had come to his house and had demanded Rs. 900/- for depositing as instalment towards taxi.