S. S. Shinde, J. - (1.) This appeal is filed challenging the judgment and order of conviction passed by the Joint District Judge and Additional Sessions Judge at Nanded in Sessions Case No. 26 of 1997 dated 01st December, 1999.
(2.) The prosecution story in brief is as under : It is the case of prosecution that P.W. 1 Shaikh Ainu is resident of village Rahur which is about 20 k.m. from Mahur in Kinwat taluka. Shaihin now deceased was eldest daughter of Shaikh Ainu. Her marriage was solemnized with one Mr. Abdul Aziz i. e. original accused No. 2 on 12th April, 1996. In the marriage a golden ring of 5 gms, certain utensils, furniture and a cash amount of Rs. 5,000/for purchasing garments were given to the Abdul Aziz as per the custom prevailing in their community. It is the case of the prosecution that, there was no agreement as such as to what was to be given to Abdul Aziz by the complainant in the marriage. After marriage Shaheen went to the matrimonial house at Mahur. It is the case of prosecution that all the accused persons are members of joint family and residing in the same house. After about eight days stay in the matrimonial house of Shaheen, Shaheen was taken to the parents home at Rahur. At that time, she was not in a pleasant mood, and showed the signs of disinterestedness. The parents of Shaheen thought that Shaheen may be finding it difficult to adjust in the matrimonial house, it being new for her. After about eight days stay at the parents house, Shaheen was again taken back to village Mahur. After about a month Shaheen was again brought to Rahur. That time also she was not happy. On enquiry by the parents she told that her inlaws were demanding money from her. She told that Rs. 2,000/were demanded by inlaws and, therefore, P.W. 1 Shaikh Ainu made arrangement to give Rs. 2,000/and sent Shaheen along with husband to their house at Mahur. Thereafter, Shaheen came to Rahur twice and on every occasion she told the parents that the inlaws have demanded the money. The P.W. 1 gave Rs. 2,000/on each of the two occasions and sent her to the matrimonial home. Thereafter, P.W. 1 came to know that Shaheen was ill. Therefore, he sent his father Shaikh Yakhoob to Mahur to bring her at Rahur. On 19.08.1996, Shaheen was brought to Rahur by Shaikh Yakhoob. At that time Shaheen was in unpleasant mood. On enquiry by parents she weepingly told that she has troubles in the matrimonial house. She told that all the accused are asking to bring money from the parents home and on that count they were giving physical and mental torture. Shaheen made it clear to the parents that she did not disclose earlier about illtreatment so as to avoid disappointment to the parents. But the torture and trouble in the matrimonial home went on increasing and the accused persons had asked her to bring Rs. 25,000/from parents because the accused wanted to purchase new stock in their utensils shop. P.W. 1 Shaikh Ainu expressed his inability to pay amount as it was off season for him. However, he assured Shaheen to pay afterwards during the harvesting season, the amount as demanded by the accused. It is further case of prosecution that, Abdul Gaffar i. e. accused No. 3 on 24.08.1996 had gone to Rahur to bring Shaheen. Shaikh Ainu persuaded Shaheen by telling that he will come at Mahur and try to settle the matter. He had sent Shaheen along with Abdul Gaffar to Mahur.
(3.) It is further case of the prosecution that on 27th August, 1996 the accused so also Shaheen took the dinner and thereafter Shaheen slept in her room by latching the door from inside. At about 10.00 p.m. accused and their neighbourers heard shouts raised by Shaheen, "Save Save" from her room. The accused got up and rushed towards the room of Shaheen. They notices that the door was latched from inside, and the smoke and fire was seen inside. All the accused then raised shouts which attracted the attention of the neighbourers. Some of them climbed wall of the room and removed some tins and entered in the room and extinguished burning flams of Shaheen. Abdul Aziz (Accused No. 2) went to the house of Dr. Amanulla Khan (P.W.4) and awakened him and informed about the incident. Along with Abdul Aziz (Accused 2) Dr. Amanulla Khan came to the house of accused and found that Shaheen had burns all over her body. Fatimabi (Accused 4) had taken Shaheen's head on her lap. Shaheen was unable to talk but with difficulty she was asking for water. Dr. Amanulla Khan advised the accused to remove Shaheen immediately to the Government Hospital and left the house. After returning from the house of accused Dr. Amanulla Khan went to the house of Sarpanch and thereafter along with him went to the Government Hospital at Mahur. Dr. Pande examined her and found 100% burns on the body. He advised the accused and Dr. Amanulla Khan to take her immediately for treatment to the Civil Hospital either at Yawatmal or Nanded. When Shaheen was in the hospital at Mahur police head constable Jankar (the court witness), as per the directions of P.S.O. Mahur had recorded the statement of Shaheen at Exhibit Shaheen was taken to Yawatmal by jeep, however, on the way to Yawatmal Dr. Amanulla Khan who was accompanying Shaheen found that Shaheen is no more. They, therefore, came back to Mahur. It is the prosecution case that at about 3.00 a.m. Abdul Gaffar (Accused3) arrived at Rahur by jeep and informed Shaikh Ainu that Shaheen sustained burns and was taken to the hospital at Yawatmal for treatment. Having came to know that Shaikh Ainu along with his wife Zullekha Begum (PW3) proceeded to Yawatmal along with Abdul Gaffar in the same jeep. Shaikh Ainu saw the dead body of Shaheen. They all along with dead body went to the Government Hospital at Mahur.;