Kanwaljit Singh Ahluwalia, J. - (1.) AKEEL Ahmed, the present appellant was married with Mumtaj Begum. Out of wedlock, six sons and one daughter was born. Elder son was aged about 21 -22 years. On 12.9.2004 at about 11.00 AM appellant had poured acid upon his wife Mumtaj Begum. During treatment Mumtaj Begum died and appellant was prosecuted for offence under Section 302 IPC. The Court of Additional Sessions Judge (Fast Track) No. 1, Kota in Sessions Case No. 15/2005 vide impugned judgment dated 20.10.2005 held the appellant guilty of offence under Section 302 IPC and vide a separate order of even date sentenced the appellant as under: - - "under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo one month simple imprisonment."
(2.) IN the present case, initially statement of Mumtaj Begum (Ex. P/22) was recorded at Burns Ward of MBS Hospital, Kota by Sayed Ahsaan appearing as PW/20. In the Court this witness stated that on 12.9.2004 he was posted as ASI, Police Station Gumanpura. He proceeded from the Police Station to MBS Hospital, Kota where Mumtaj wife of Akeel Ahmed was lying admitted at bed No. 8 in burns ward of the hospital. He obtained an opinion of the doctor regarding the condition of Mumtaj Begum. Doctor gave the opinion (Ex. P/5) declaring Mumtaj Begum to be fit to make statement. After obtaining opinion of the doctor regarding fitness of the Mumtaj Begum, patient ASI, Sayed Ahsaan (PW/20) recorded statement (Ex. P/22) made by Mumtaj Begum. In her statement Mumtaj Begum stated that she was married with Akeel Ahmed accused appellant in 1980 at Chhipabarod. After the marriage they were residing at Kartarpura and she gave birth to six sons and one daughter. It was further stated that her husband was a compulsive gambler and he used to beat her badly. They were quarrelling with each other from last one month, the husband used to complain that the wife used to chatter a lot and for this reason, he used to suspect her fidelity. It was further stated that she used to attend to 'Jihn' (demon) a spirit (practice a kind of exorcism). He often said that he do not believe in 'Jihn' a demon and he will pour acid to see whether 'Jihn' will save her or not. On the fateful day i.e. 12.9.2004, husband bolted the door of the room and poured acid upon her. On the basis of above statement, a formal FIR No. 563/2004 (Ex. P/23) was recorded at Police Station Gumanpura, Kota. The Investigating Officer in the present case also made a request to ACJM, Kota for recording the statements of Mumtaj Begum who was lying admitted in burns ward of MBS Hospital, Kota. On the request (Ex. P/27) made by the Investigating Officer Hari Mohan Gupta, Additional Chief Judicial Magistrate (PW/21) reached at the hospital where Mumtaj was lying admitted. At that time duty doctor was not available. Magistrate asked few questions to Mumtaj Begum to assess her fitness, thereafter he recorded dying declaration (Ex. P/28), the same when translated into English reads as under: "I and my husband were staying in a rented premises after taking two rooms on rent in the house of Sabid Bhai. I have given birth to six sons and one daughter. My elder son is aged 21 -22 years. Other children are younger to him. Each child has been born after a gap of three years. It was about 11 or 11.15 AM, our children were not present in the house. Elder son had gone to the house of grand -maternal -mother where he had lost his mobile and younger to him Wasim had gone for doing business of collecting scrap. Other children were playing outside the house. My daughter was with her maternal aunt. I and my husband were present in the house. I was cleaning the utensils. My husband was sitting in the large room. My husband was calling me inside. He was saying that he has some urgent work therefore I should come inside. I went inside the room. He asked me to lie on the floor and stated that he wanted to meet me. I told that I shall come after cleaning the utensils, he after getting hold of my hand made me lie on the floor and bolted the door. Thereafter he lifted one bottle which was lying on the floor near the cooler and poured acid upon me while I was lying on the ground. After pouring acid, he ran away from the spot. I ran and came in front of post office situated at Jamal road. Smoke was arising from my entire body. The nearby dairywala poured milk upon me. My husband was carrying two bottles of acid. He poured one full bottle on my abdomen and from another bottle he emptied half bottle on my body. Abdul Hamid, my relative who was having auto brought me to hospital. 'Jihn Baba' a spirit visit my body. My husband says that I enact drama. He said that in case 'Jihn' spirit visit you, he will save you, saying so he poured acid. 15 days prior to this incident, he pelted stone on my head. I lodged First Information Report at Police Station Gumanpura. He used to threaten me to pour acid. The house in which the incident had taken place there five Nepalese were residing and at the relevant time, they had gone for their work and out of three Nepalese one person has also vacated the house and two Nepalese have gone for performing their duties. No Nepali was present in the house and they used to leave house early in the morning for their place of work. However, the land lord resides in a separate house. My husband used to harass me and time and again gave beating to me. Nobody else has anything to do with the occurrence. My husband only had burnt me by pouring acid. Thumb ImpressionMumtaj Begum SignedAdditional Chief Judicial Magistrate, Kota." Dr. G.S. Vishnar (PW/2) on 12.9.2004 was posted as medical jurist at M.B.S. Hospital, Kota. He had medico -legally examined Mumtaj Begum on the said day at 12.45 PM. He had found the following injuries on the person of Mumtaj Begum as per medico -legal report, Ex. P/3: "O/E: - Epidermal to demo epidermal acid burn present on all over body except on both lower limbs in few patches. Both hands and patch over back of chest and abdomen with singed hair (without singing of hair) bluish black (light) colour. Opinion - About -80% Acid Burns, grievous and dangerous to life."
(3.) THIS witness had also examined appellant Akeel Ahmed on 14.9.2004 and as per medico legal report Ex. A/4, had found three burn injuries on his person. Injury No. 1 was 1/4" x 1/8" burn on forehead. Injury No. 2 was six burns on elbow of different sizes varying from 1/4" x 1/4" to 1/8" to 1/8" on right elbow. Injury No. 3 also had three burns of varying size on middle of left forearm.;