KHERUNISSA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal, appellants Kherunissa, Ramzani and Alladeen have challenged their conviction u/ss 302 and 202 I.P.C. and sentence of imprisonment for life and a fine of Rs. 1,000/- and six months R.I. and Rs. 1,000/- respectively, recorded by learned Sessions Judge, Jodhpur vide judgment dated 27-4-1982.

(2.) The unfortunate incident occurred in the evening of 3-6-1981 in the city of Jodhpur in which five children of tender age loss their life. Babu Singh, L.C. No. 1160 reported before the S.H.O., Police Station Khanda Phalsa at 11.30 p.m. on 3-6-1981 that five daughters of Alladeen Chhipa have died of suffocation and there were rumours that the girls have been murdered by the family members. On this report the S.H.O. rushed to the spot. He found that Rehmat (10) years. Nazma 6-1/2 Nasim (2) years, Shamim (2) and Subana (one year) were lying dead. He noticed some injuries on the neck of Rehmat. He, therefore, registered a case u/ss 302 and 202 I.P.C. vide F.I.R. Ex. P/29. He inspected the site prepared the inquest memos and interrogated the witnesses. The postmortem examination was conducted by Dr. S.B. Mathur. P.W. 13. He prepared the reports Ex. P/15 to P/19. He found that there were injuries on the neck of Rehmat and her cause of death was asphyxia which was the result of strangulation. For the other girls also, he opined that they had died of asphyxia. Some articles were recovered at the instance of two accused Kherunissa and Salim. After the completion of investigation the police challaned six persons.

(3.) The learned Sessions Judge charged Kherunissa appellant and Abdul Salim with the offences u/s 302 r/w Sec. 34 and 201 IPC. Other persons viz. Ramzani, Alladeen, Hazi Mohd. and Nasiya were charged with the offence u/ss 201 and 202 I.P.C. All of them pleaded not guilty and claimed to be tried. The prosecution examined Babu Singh. P.W. 1. Allabux, P.W. 2, Mohd. Yusuf, P.W. 3 Jetun, P.W. 4 Aasiya, P.W. 5 Mohammed, P.W. 6. Abdul Samad, P.W. 7 Nisar Ahmed, P.W. 8 Mohd. Ishaq, P.W. 9 Han Singh, P.W. 10, Arjun Lal, P.W. 11 Heera Lal, P.W. 12 Dr. S.B. Mathur, P.W. 13, M. Yusuf. P.W. 14, Han Singh. P.W. 15. Amra Ram, P.W. 16 and Ramchander. P.W. 17. The accused in their statements denied having committed any offence. They pleaded that they did not know as to how the girls died. They did not examine any witness in defence. The learned Sessions Judge vide impugned judgment held that the girls had met homicidal death. He further found that accused Kherunissa had caused the death of her five daughters. He also found proved a charge u/s 202 I.P.C. against accused Ramzani and Alladeen. The remaining three accused were acquitted. Since accused Ramzani has died, the appeal filed by him stands abated.