SAJIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant Sajiya wife of Ishaq challenging judgment and order dated 30.05.1990 passed by the Court of Sessions Judge, Sikar (for short 'the trial court') whereby she has been convicted for offence under Sec. 302 Penal Code and sentenced to life imprisonment with fine of Rs. 100.00, in default of payment of fine to further undergo three months' simple imprisonment.

(2.) Facts of the case are that on 07.09.1985 at 105 A.M., Bhanwar Lal, Assistant Sub Inspector recorded statement of one Munni alias Naseem wife of Murtaza wherein she stated that she was married to Murtaza 12 months back. Her in-laws used to treat her badly as also abuse her. She was not given food throughout the day. Her silver anklets were taken away by her sister-in-law (wife of elder brother of her husband) Smt. Sajiya. In the evening she was cooking food in the room. Suddenly, her husband's younger brother Farooq poured kerosene over her body and her sister-in-law Sajiya put her on fire by a match stick. All other family members were present in the house at that time. All of them had conspired to kill her. One Jamila had subsequently removed the burnt clothes from the person of Smt. Munni alias Naseem.

(3.) On that basis, FIR No. 162/1985 (Exhibit P-3) under Sec. 307 Penal Code was registered at Police Station Kotwali, Sikar. Subsequently, on 07.09.1985 at 5.05 A.M., Shri Kamal Raj Singhvi, Munsif-cum-Judicial Magistrate, Sikar recorded dying declaration (Exhibit P-15) of Mrs. Munni in the hospital. She narrated almost the same story in the dying declaration. Mrs. Munni died on 08.09.1985 at about 9.10 P.M. Her body was subjected to post mortem. Thereafter, offence under Sec. 302 Penal Code was added. Upon completion of investigation, police filed charge sheet against accused-appellant Mrs. Sajiya and coaccused Farooq in the Court of Munsif and Judicial Magistrate, Sikar. Trial of Farooq, being minor, was transferred to the Children Court. The case was committed to the Court of Sessions Judge, Sikar. The trial court framed charge for offence under Sec. 302 Penal Code against the accused-appellant, who denied the same and claimed to be tried. The prosecution in support of its case produced as many as 13 witnesses and exhibited 18 documents. Thereafter, accused-appellant was examined under Sec. 313 Crimial P.C., 1973 wherein she pleaded innocence. In defence, four witnesses were produced but no document was got exhibited. Upon conclusion of trial, the trial court, vide its judgment and order dated 30.05.1990, convicted and sentenced the accused-appellant in the manner as indicated above. Hence, this appeal.