SAYARABANO ALIAS SULTANABEGUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the appellant who was convicted by the Sessions Judge, Beed in Sessions Case No. 17 of 1999 decided on July 25, 2000 and confirmed by the High Court of Judicature at Bombay (Aurangabad Bench) on October 17, 2005 in Criminal Appeal No. 348 of 2000 for an offence punishable under Section 302 of the Indian Penal Code (' IPC' for short).

(2.) The prosecution case against the appellant was that Halimabi, daughter of PW 2-Shaikh Bademiyan, resident of Mandula, Taluka Georai was married to one Shaikh Latif of Beed one year prior to the incident which took place on August 13, 1998. After the marriage, the deceased Halimabi came to reside at her matrimonial home situated at Mominpura of village Beed. She was residing in the said house with her husband Shaikh Latif, the appellant-accused Sayarabano-her mother-in-law, Shaikh Rafiq-her father-in-law, Shaikh Shakil her younger brother-in-law and his wife Taslim.

(3.) According to the prosecution case, the deceased Halimabi was being ill-treated by her mother-in-law-appellant herein. At the instance of the appellant, husband of the deceased Halimabi used to beat her. About a month prior to the incident, the accused had beaten the deceased on two occasions, once with a stick and again with a steel instrument. The deceased disclosed the fact about the said beating to her parents as well as her uncle. Resultantly, PW3-Bismillahbi-mother of the deceased Halimabi had come to Beed and had taken deceased to her house at Mandula. About eight days prior to the incident, the brother of deceased Halimabi had again brought the deceased back to her husband' s place and had returned to the village.