JAINODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature of Bombay at Aurangabad in Criminal Appeal No. 598 of 2005 with Criminal Revision Application No. 346 of 2005, dated 26.07.2007. By the impugned judgment and order, the High Court has confirmed the conviction and sentence of the Appellant ordered by the Trial Court in Sessions Case No. 164 of 2002 dated 16.08.2005.

(2.) The Trial Court and the High Court have concluded that the Appellant (A-1 before the Trial Court) is the author and executor of the dastardly crime of killing his own wife, Smt. Mahajabin and his child, aged 1 1/2 years, by strangulation and smothering. It is these orders which are questioned by the Appellant (A-1) before this Court in this appeal.

(3.) The Appellant had reported the incident of death of his wife and the child to the investigating agency without raising suspicion towards anyone. Based on the report of the Appellant the investigating agency had carried out the investigation and thereafter had filed a charge-sheet against the three accused for the offence under Sections 302, 498-A and 506 read with Section 34 of the Indian Penal Code, 1860 ("Indian Penal Code" for short) for causing the death of Smt. Mahajabin, wife of A-1 ("deceased" for short) and the daughter-in-law of A-2 and A-3 and also that of child of 1 1/2 years - Aftab.