MOHD ZAHID Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant in the above appeal was charged with an offence punishable under Section 302, Indian Penal Code before the VIth Additional Sessions Judge, Madras in S. C. No. 83/86 who found him guilty of the said offence and sentenced him to undergo imprisonment for life. His appeal before the Division Bench of the Madras High Court in Criminal Appeal No. 1054 of 1986 came to be dismissed and he is now in appeal before us by special leave.

(2.) The prosecution case stated briefly against the appellant is that he was married to one Jabeena on 29/01/1984 and after the marriage for some time they resided in an independent house. In the year 1985, Jabeena gave birth to a male child in her parents' house and thereafter the appellant came to live in the house of his father-in-law Mohd. Ahamed (PW-1) in the house bearing Door No. 22, 11th Avenue, Ashok Nagar, Madras. The said house contained one bed room in the ground floor which was occupied by PW-1's elder daughter and her husband. Out of the four bed rooms on the first floor, one bed room was occupied by PW-1 and his wife, the second bed room next to that was occupied by the appellant and Jabeena with their child, the third bed room was occupied by two unmarried sons of PW-1 and the fourth bed room was lying vacant.

(3.) On 27-12-1985 at about 6. 00 a. m. the wife of PW-1, by name Maliga Ahamed, (PW-3) heard the continuous cries of Jabeena's child, hence, she came to the room of the appellant and knocked on the door of the room. It is alleged that the appellant got up and opened the door and on being asked by PW-3, he gave the child to her and closed the door of his room. A short while after, it is stated that the appellant shouted for PW-3 who went to the room of the appellant, when the appellant pointed out to PW-3 the bathroom where Jabeena was found lying with the upper part of her body having become black on account of burning. The appellant is supposed to have told her that Jabeena suffered the burns while heating the water on the stove.