- (1.) M. C. Jain, J. Appellant Ajmal Khan has preferred this appeal against the judgment and order dated 31-10-1980 passed by Sri O. P Jain, the then II Additional Sessions Judge, Bijnor in Sessions Trial No. 243 of 1978. He has been convicted under Section 302 IPC for the murder of his own wife and has been sentenced to undergo life imprisonment. His brother Shamim Khan was also tried with him, but he was acquitted having been given benefit of doubt.
(2.) BROAD spectrum of the case may be set forth for appreciation of the discussion that has to follow hereinafter. The deceased Shahana Khanam was the wife of appellant and the daughter of Ayaz Mohammad P. W. 7, resident of Barhapur, District Bijnor. She was married with the appellant about 2 years before the incident. The appellant with his three brothers lived in a building at Sahanpur, P. S. Nazibabad, District Bijnor. One of his brothers had migrated to Arab. The appellant lived on the first floor of the house and his brothers were living on the groundfloor of the same building. After about six months of the marriage, he started ill treating his wife asking her to bring dowry from her parents. He was carrying on the work of the winding of electric motors and his brother Shamim Khan (acquitted) was also working with him at his shop. About five or six months before the incident, the appellant had brought some burnt electric motors from Delhi for about Rs. 28-30 thousand. However, he suffered loss in that transaction because some motors could not be sold. His brother who had migrated to Arab had sent some money to meet the expenses of his mother's HAJ whose passport had been obtained. That money was, however, spent by the appellant in purchasing the electric motors. His mother was in great need of money to proceed for HAJ. About 1-1/2 months before the incident, the victim was given a beating by the appellant and was asked to bring money from her father. She had declined to go to her father for bringing money. Thereupon she was beaten up by the appellant. Coming to know of it, her father had brought her to his house. About 15 days thereafter the appellant brought back his wife and apologized for his misconduct assuring his in-laws that it would not be repeated in future. He also wrote a letter to his mother-in-law. On 22-7-1978 at about 4. 30 p. m. Shahana Khanam was beaten up by the appellant, tied, sprinkled with kerosene and was set ablaze. She shouted for help. Nazakat Hussain P. W. 1, Abdul Mannan P. W. 2 and Nasir Hussain P. W. 3 and many other neighbours were attracted to the house of the appellant by the shouts of the victim. The main door of the house was closed and could not be opened despite efforts being made by these persons. They heard the shouts of a lady (victim) who was groaning and crying for help. No inmate of the house gave any reply to their calls. They also noticed the smoke coming out from a room situated at the first floor of the house inhabited by the appellant with his wife. The door of that room was closed. Naseem, elder brother of the appellant, was pushing the door from outside and shouting that the door be opened failing which he would open fire. He was also shouring as to what cruelty was being perpetrated. The said persons also heard the daughter of acquitted accused Shamim Khan, saying that the uncle had burnt the aunt. Since the main door of the building was not opened, the said persons had to return to their houses. Subsequently, they came to know that the wife of the appellant had been done to death by burning. Akeel Ahmad P. W. 6 is a cousin brother of Shahana Khanam and carries on his business at Najibabad at a distance of 1-1/2 miles from Sahanpur. One Abdul Lahab had informed him that Shahana Khanam was beaten up and then set ablaze by the appellant. Akeel Ahmad P. W. 6 had rushed to Barhapur in a car and intimated the incident to her Mausa Ayaz Mohammad P. W. 7 and his wife. Thereupon Ayaz Mohammad P. W. 7, his wife and some persons rushed to Sahanpur in the same car reaching the house of the appellant at about 1. 30 a. m. in the night. They shouted and knocked the door of appellant after sometime the door was opened and the said persons gained entry inside the house to find that Shahana Khanam was lying unconscious with burn injuries. The appellant and the ladies of his family were present. Ayaz Mohammad (father of Shahana Khanam) requested them that she be taken to hospital for medical treatment but his request was not heeded to. Ayaz Mohammad P. W. 7 then went to police station Najibabad and reached there at about 2 a. m. in the night. He narrated the incident to the police constable and sought help. The constable asked him to give a report. He started writing a report in Urdu. The constable told him that he would not receive a report written in Urdu and required him to bring a report written in Hindi. Then one Mohammad Ali told the complainant that he could get the report written in Hindi. Ayaz Mohammad was taken to the octroipost situated at the railway station. A report in Hindi was got written by Mohammad Taheer P. W. 9, a Munshi at the octroi barrier. The said report was delivered at the police station by Ayaz Mohammad who requested the police constable provide him one or two police men so that he could take his daughter to the hospital. The constable asked him to contact S. I. Mohd. Waseem Siddiqui C. W. 1 and pointed out his residence. The complainant knocked the door of Mohd. Waseem Siddiqui. When the door was opened, he narrated the incident to him. The Sub- Inspector asked the complainant to return to Sahanpur assuring that he would be reaching shortly.
(3.) AYAZ Mohammad returned to Sahanpur in the same car at about 3. 30 a. m. in the night. Akeel Ahmad was present in the Sahan of the house. AYAZ Mohammad alongwith Akeel Ahmad proceeded to the room on the first floor and found that Shahana Khanam had gained consciousness. She asked her father to take her at once and also told him that she was beaten up by her husband (appellant) and his brother Shamim Khan. She also told that she had been tied up and kerosene oil was sprinkled over her and she was set ablaze by them. She again became unconscious. The Sub-Inspector did not reach Sahanpur. Compelled by the circumstances, AYAZ Mohammad contacted Yaseen, who was the Chairman of Town Area Committee of Sahanpur. He wanted him to prevail upon the appellant and his family members so that Shahana Khanam could be sent for medical treatment Yaseen and many other persons came to the house of appellant and counselled him and his family members. With the help of Yaseen and others, Shahana Khanam was taken to the District Hospital in a car but as soon as she reached hospital, she died. The appellant and his family members had not accompanied Ayaz Mohammad to the hospital. None of them came to the hospital even thereafter. After inquest, the dead body of Shahana Khanam was sent for post-mortem examination which was conducted by Dr. Prabodh Kumar P. W. 4 on 23-7-1978 at 4. 30 p. m. whereafter the dead body was delivered to Ayaz Mohammad who carried it up to Barhapur and buried it on 24-7-1978. No police official came to him by 26-7-1978. Then he gave a report of the incident at the Police Station on 26-7-1978 at 3. 30 p. m. on the basis of which a case was registered and investigation ensued.;