SHEIKH ASHIQ Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused/appellant stands convicted for offence punishable u/s 307 of IPC and sentenced to undergo 7 years' RI and to pay fine of Rs. 1,000/ -, in default of payment of fine amount to undergo 3 months RI, by judgment dated 11.12.97 in S.T. No. 556/96, by 1st ASJ, Katni.

(2.) THE prosecution case stated in brief is that the injured complainant Rabia Bi (PW 2) is the wife of the accused/appellant. It is alleged that the relations between the accused/appellant and his wife the complainant Rabia Bi were far from cordial. The accused/appellant used to misbehave with his wife the complainant prior to the incident also. On the date of incident i.e. on 20.7.96 at about 10.00 a.m. the accused/appellant after ablazing a piece of cloth touched the same on the thighs of the complainant/injured on account of which she sustained bum injuries and became unconscious. On hearing her cries some of the neighbourers came to her home. The accused/appellant poured water on her. He thereafter, went to Sheikh Jumman (PW 1) father of the injured/complainant and informed about the incident. Sheikh Jumman (PW 1) on the next day of the incident came to the village Khamaria where the accused/appellant and his wife Rabia Bi were residing. Thereafter, the complainant/injured Rabia Bi was taken to the hospital and was treated by Dr. Harchandani (PW 8) who found that there were superficial bum injuries and infection over abdomen and right thigh. Extent of bum was approximately 18 per cent. One bruise on the back and an abrasion on the breast of Rabia Bi was also found. After treatment the injured/complainant was discharged from the hospital. Complainant Rabia Bi lodged the report of the incident on 22.7.96 as per Ex. P/1. Learned trial Court framed a charge u/s 307 of IPC against the accused/appellant to which he pleaded not guilty. The learned Judge found that the charge is proved beyond reasonable doubt and accordingly convicted and sentenced the accused/appellant as mentioned earlier.

(3.) IT may be noticed that the incident took place in the house of the accused/appellant and the complainant and therefore, if the accused/appellant intended to cause death of the complainant/injured Rabia Bi (PW 2) he had full opportunity to do so. However, the accused/appellant did not inflict any grievous injury on the person of the complainant, and the burn injuries were also superficial in nature. Even according to the complainant Rabia Bi (PW 2) the accused/appellant tried to assuage the hurt caused by him by pouring water on burn injuries. Therefore, absence of intention to cause death can clearly be inferred. In view of the simple nature of injuries and the circumstances of the offence, the accused/appellant cannot be held guilty of offence u/s 307 of the IPC. Since he had caused burn injuries to the complainant Rabia Bi (PW 2) which were simple in nature, his offence would be punishable u/s 324 of IPC. In the circumstances, of the case sentence of 2 years RI with fine of Rs. 5,000/ - would meet the ends of justice. Therefore, this appeal is partly allowed. The conviction and sentence of the accused/appellant u/s 307 of IPC is set aside and instead he is convicted u/s 324 of the IPC and sentenced to undergo RI for 2 years and to way fine of Rs. 5,000/ - (five thousand), in default of which he would undergo further RI for 6 months. On realisation of fine amount, an amount of Rs. 3,000/ - (three thousand) shall be paid to the complainant Rabia Bi as compensation u/s 357 of CrPC.