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2016 DIGILAW 1260 (PNJ)

Imran Khan v. State of Haryana

2016-05-03

GURMIT RAM, S.S.SARON

body2016
JUDGMENT 1. Learned State Counsel has filed affidavit of Sh. Jai Kishan Chhillar, Superintendent Jail, District Jail, Sonepat mentioning the period of imprisonment undergone by the applicant/appellant – Imran Khan. The same is taken on record. 2. Heard learned counsel for the parties. 3. The FIR in the case has been registered on the statement of Sajid, brother of Shehnaz (deceased in the case). A medical memo was received at the Police Station on 29.3.2013 regarding admission of Shehnaz (deceased) wife of Imran (applicant/appellant) at CHC Ganaur. P/SI Parveen Kumar along with Constable Sunil reached CHC Ganaur. There he came to know that the victim had already been referred to PGI Khanpur. P/SI Parveen Kumar along with Constable Sunil then reached PGI Khanpur. An application was filed seeking doctor’s opinion regarding fitness of the victim Shehnaz for making her statement. The doctor opined that victim was unfit for making a statement. Then the statement of Sajid, brother of Shehnaz (deceased) was recorded. 4. According to Sajid, the marriage of his sister Shehnaz was performed with Imran (applicant/appellant) about four years earlier to the incident that had occurred on 29.3.2013. They had in the marriage given dowry more than their capacity. However, Imran, brother-in-law of the complainant tortured his sister so that she brings more dowry. According to the complainant; Imran (applicant/ appellant) was a man of bad vices and to fulfill his urge for drugs, he pressurized the sister of the complainant for brining money. Shehnaz (deceased) being fed up with the atrocities of her husband Imran (applicant/appellant), came to her parental house and started residing with them for the last four months. Imran (applicant/appellant) then on 28.3.2013 came to their house in an inebriated condition and demanded a sum of Rs.50,000/- from the complainant, otherwise he would finish Shehnaz. The complainant tried to make Imran (applicant/appellant) understand. Then Imran (applicant/appellant) and sister of the complainant went to sleep in the verandah. The complainant was inside his room adjacent to the verandah and was watching T.V. Imran (applicant/appellant) locked the door of the room and poured kerosene oil on Shehnaz and set her ablaze. On hearing the noise, their family members and the neighbours came there. The complainant broke the lock of the door and extinguished the fire by pouring water on his sister. Imran (applicant/appellant), however, fled away from the spot. On hearing the noise, their family members and the neighbours came there. The complainant broke the lock of the door and extinguished the fire by pouring water on his sister. Imran (applicant/appellant), however, fled away from the spot. The sister of the complainant was taken to CHC Ganaur from where she was referred to PGI Khanpur. On the statement of Sajid, FIR was registered. 5. Shehnaz (deceased) made a dying declaration before Ms. Meenakshi Goyal, the then Duty Magistrate (PW-18). Shehnaz stated that on 29.3.2013 at about 11.00 p.m. she was present at her parents’ house. She was residing there along with her son. Her husband came to her parental house. His name was Imran (applicant/appellant). After taking meals, he (applicant/appellant) told Shehnaz that he wanted to take their son namely Rahman to her in-laws house but Shehnaz refused and went near the ‘chulha’ (hearth) and sat there. On this, the husband of Shehnaz got furious and poured kerosene oil on her and tried to set her ablaze by lighting a matchstick and the fire caught the clothes of Shehnaz. She cried and then her brothers came and extinguished the fire. In between her husband Imran (applicant/ appellant) fled away. It is stated that previously, her husband was torturing her. Her in-laws also used to harass her. Her husband Imran (applicant/appellant) was responsible for her burning. She was making her statement voluntarily in her full senses and there was no pressure upon her nor had she been threatened by any person. 6. It is to be noticed that during trial of the case, the prosecution witnesses did not support the case. Vakil (PW-1) father of Shehnaz (deceased) stated that in the month of 2013 Shehnaz had come to their house to attend the marriage ceremony of her younger brother namely Khalid. On the night of 28.3.2013 it is stated by him that she committed suicide by immolating herself. The witness was declared hostile. Vakil (PW-2) son of Sher Singh, a relative of Shehnaz (deceased) also deposed that Shehnaz was the sister of his son-in-law. He after coming to know about her death due to burning had gone to PGI Rohtak where he identified her dead body. He further stated that he did not know how she was burnt. The witness was declared hostile and cross-examined. He after coming to know about her death due to burning had gone to PGI Rohtak where he identified her dead body. He further stated that he did not know how she was burnt. The witness was declared hostile and cross-examined. The complainant Sajid (PW-5) deposed regarding the marriage of his sister Shehnaz with accused Imran (applicant/appellant) about 4-5 years earlier. It is stated that at about 15 days earlier to the occurrence, the marriage of his younger brother Khalid @ Monu had taken place. Shehnaz, his sister had visited their house on the occasion of the said marriage. She had been residing at their house. She had a son who was aged about 4 years. It is stated that about seven months back, they were sleeping on the roof of the house and Shehnaz was sleeping downstairs in a room. At about 10.00/11.00 p.m. on hearing noise, he along with his wife went downstairs and found that the room in which Shehnaz was sleeping, was bolted from inside and his sister was writhing in flames. She was alone in the room at that time. He broke open the door and tried to extinguish the fire by pouring water on her. None was present there. He further stated that he did not know as to how she was burnt. It is stated that Imran (applicant/appellant) was not present there. Besides, it is stated that his sister was kept nicely by her husband (Imran) and other in-laws. The witness was declared hostile and cross-examined. Smt. Parveen (PW-7), sister-in-law of deceased Shehnaz also did not support the prosecution case and turned hostile. She resiled from her previous statement made before the police. Therefore, all the witnesses of the family of the complainant Sajid and Sajid himself did not support the prosecution case. The effect of the same is to be considered and gone into at the time of final hearing of the appeal. 7. According to the learned Counsel appearing for the applicant/appellant, the applicant/appellant has a son who is about six years of age namely Rehman. It is stated that he is all alone and there is nobody to look after him. 8. According to the affidavit that has been filed, the applicant/appellant Imran Khan has undergone actual imprisonment of two years, eleven months and eighteen days as on 19.3.2016. It is stated that he is all alone and there is nobody to look after him. 8. According to the affidavit that has been filed, the applicant/appellant Imran Khan has undergone actual imprisonment of two years, eleven months and eighteen days as on 19.3.2016. By now, he has undergone more than three years of his imprisonment. The effect of the dying declaration being made by Shehnaz would require consideration especially when the death had taken place at the house of her parents where Imran (applicant/appellant) is stated to have gone there but he has taken the stand that he was not present there. 9. Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Imran Khan shall, during pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sonepat.