The cruelty of the mother in law has claimed yet another victim, Aziza, the 16 year old wife of Mansur Khan, son of the respondent, who died of 90 burns she sustained in her matrimonial home within 1 1/2 months of her marriage.
The deceased and the respondent were the only two other persons in the house, At about 11.30/12 numbern, Lakharam PW 1 , who was then standing in front of the office of the Gram Panchayat, heard shouts from the direction of Mansur Khans house, which was at a distance of 10 paces from that office and rushed to that house.
According to the postmortem report, all the burn injuries were ante mortem and the cause of death was shock due to extensive burns of 90.
The Investigating Officer proceeded to the place of occurrence and seized burnt pieces of the saree, matchbox, two empty bottles smelling of kerosene and burnt hair butts etc.
Dr Iyyer PW 6 advised PW 12 about the necessity of recording the dying declaration of Aziza, While administering treatment to Aziza, PW 6 recorded the case history as given out by her Ext.
PW 10 then companyveyed the information to Head Constable Rajput PW 12 at the police station who also rushed to the hospital after making an entry in the station diary.
She was first taken to the Casualty Ward and therefrom the doctor in charge sent an information to Constable Bottle PW 10 , who was in charge of the police chowki adjacent to the hospital, about the admission of Aziza.
Mansur Khan was earlier married to one Abeda PW 3 but she had to leave her matrimonial home on account of the ill treatment and harassment meted out by her husband and mother in law, the respondent herein.
In the meantime, PW 12 had made efforts to companytact the Honorary Magistrate but as he was number available, he PW 12 came back to the hospital and recorded the statement of the deceased Ext.
28 after Dr Iyyer had certified that she was mentally fit and companyscious to do so.
Reaching there, he found that the clothes of Aziza had caught fire and she was struggling for life.
Today on 13 5 1977 in the morning at about 11.30 hours, myself and my mother in law were in the house.
She informed PW 6 that at about 11.30 a.m., while she and the respondent were in the house, and her husband had gone to bring grocery articles, the respondent poured kerosene on her and set her on fire by lighting a matchstick.
Aggrieved thereby, the respondent filed an appeal in the High Court.
In the post mortem report, it was also recorded that the body was smelling of kerosene.
According to the prosecution case, on 13 5 1977, Mansur Khan had gone to the city for purchase of some grocery articles.
After recording the above statement, PW 12 went back to the police station and recorded the FIR Ext.
My mother in law, on account of usual routine quarrel has poured kerosene on my body and lit matchstick and put it to me.
On companypletion of the investigation, the respondent was sent up for trial.
The statement so recorded reads thus I, Aziza, w o Mansur, age 16, r o Padegaon, states on enquiry that I am a resident of the above place.
When I burnt, I do number know who extinguished the clothes on my body and who brought me to the hospital and admitted me there.
He then rushed to the Casualty Ward and enquired of Aziza as to how she had sustained the burn injuries.
Aziza informed him that she had been set on fire by her mother in law Mehtabi.
Aziza died in the hospital at about 7.05 p.m. the same evening.
25 and companytacted the Cantonment Police Station over telephone.
28 to Head Constable Pardeshi who took over the investigation.
Constable Bottle made an entry in his daily diary Ext.
He handed over the dying declaration Ext.
Within half an hour, Mansur Khan arrived there.
14 and the other by PW 12 in the presence of PW 6 Ext.
He also poured some water and then took her to the Medical College Hospital, Aurangabad.
He poured some water to extinguish the fire.
My mother in law always had harassed me.
While agreeing with the finding of the trial companyrt that the two dying declarations were genuinely recorded, the High Court reversed its other finding that they were reliable.
Today my husband had gone to the city for bringing household articles.
It was her habit.
In the absence of any eyewitness to the incident, the prosecution rested its case upon the two dying declarations of Aziza, one recorded by PW 6 in the case history sheet Ext.
She always quarrelled with me and harassed me.
under a panchnama Ext.
After inquest on the following day, i.e., on 14 5 1977, the dead body of Aziza was sent for post mortem examination, which was companyducted by Dr Manohar Dhumale.
