SHAIKH SATTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No. 582/2004 wherein the Honble Court was pleased to dismiss the appeal of the accused appellant herein and upholding his conviction for the offences punishable under Sections 302, 498A IPC.

(2.) The case of the prosecution was that, Shaminabee, since deceased, was married to one Shaikh Sattar (hereinafter referred to as the appellant) about four years before the fateful incident. Sk. Hasham (hereinafter referred to as A2) was the father-in-law of the deceased, Sk. Sikander (hereinafter referred to as A3) was the brother-in-law while Zubedabee (hereinafter referred to as A4) was the mother-in-law of the deceased. After marriage, the deceased started residing with the accused at their house. The appellant used to teach the local children in the masjid at Village Chikalthana. It was alleged that he used to complain that it was not possible to maintain his family with an income of Rs. 500/- to Rs. 600/- per month. After about one and a half to two years of the marriage, appellant started demanding Rs. 40,000/- from his in-laws for the purpose of starting a business. As the parents of the wife were unable to meet the demand, he used to beat her up frequently. The deceased had reported to her parents about the maltreatment meted out to her whenever she came to the house of her parents. The couple had a son who was aged about two to two and a half years at the time. Appellant and the deceased along with their son had come to the parental home of the deceased on the occasion of Ramzaan-Id on 17.1.2000. They had stayed there for a couple of days. Even then the appellant had inquired as to what arrangement had been made to fulfill his demand of Rs. 40,000/-. He was told by the brother of the deceased that the family may be able to arrange after the sugarcane harvest. On hearing this, the appellant rather angrily said "alright" and left the house in a huff with the deceased, without even taking food.

(3.) On 22.1.2000, at around 10.00 a.m., the parents of the deceased received a message about the ill health of Shaminabee. Consequently, the parents, other family members and brother of the deceased went to the house of the appellant in a tempo. On reaching the house, they saw the dead body of Shaminabee in the interior of the house. It was placed in a room which had a roof made of clay and wood. The deceased had sustained severe bleeding injuries on her head. Blood was still oozing from her nostrils and ears. A big stone with blood stains was lying near her dead body. The clothes of the deceased were also blood stained.