FAYAZ PASHA Vs. STATE OF KARNTAKA

JUDGEMENT

(1.) This criminal appeal is filed by the appellant-accused against the judgment of conviction and order of sentence dated 29th April, 2015 made in SC No.118 of 2014 on the file of the Principal District and Sessions and Judge, Tumakuru convicting the appellant-accused to undergo Rigorous Imprisonment for life and to pay fine of Rs.5,000/- for the offence punishable under Section 302 IPC and to undergo Rigorous Imprisonment for a period of three years and to pay fine of Rs.2,000/-, in default to pay fine to undergo simple imprisonment for a period of three months for the offence punishable under Section 201 IPC.

(2.) It is the case of prosecution that the accused married Sadik Isha six years prior to her death i.e. on 30th June, 2014. It is a love marriage between Sadik Isha and the accused. They were residing at Begum Mohalla, Sira Town. They had two children, viz. Mohammed Hasanen aged about four years and Iman Sultana aged about two years. Accused is an autorickshaw driver. Complainant-Shakeela Banu w/o late Anwar (mother of late Sadik Isha) lodged complaint on 30th June, 2014 at 8.30 pm, stating that her husband Anwar died in a road traffic accident and out of the total compensation amount, an amount of Rs.85,000/- was paid to the accused. Despite the same, the accused was demanding additional amount of dowry and was quarrelling with his wife- Sadik Isha everyday. The complainant and her son have told the accused that they would give additional money after releasing the bond. It is stated by the prosecution that, on 30th June, 2014 at about 3.00 pm, the accused strangulated his wife-Sadik Isha and pressed her face with pillow and murdered her and thereby, the complainant PW1, on receiving the information from her relative Dislhad Banu over phone, immediately went to the house of the deceased and found her dead and when she enquired with her grandson- Mohammed Hasanen (PW2), he informed complainant that the accused has pressed the neck of the deceased and as such, the complainant claims that her daughter Sadik Isha was done to death by her son-in-law (accused) and the said complaint came to be lodged by PW1-mother of the deceased as per Ex.P1 before the jurisdictional police. Sira Police registered the complaint in Crime No.194 of 2014 against the accused for offence punishable under Section 302 IPC and sent the First Information Report to the jurisdictional Court. PW12-Investigation Officer, visited the spot and drawn-up panchanama before the panchas and seized MO1 from the house of the accused under panchanama Ex.P7. The Investigation Officer-PW12 drawn up inquest panchanama as per Ex.P9 on the dead body of the deceased in the presence of Taluk Executive Magistrate and Tahsildar, Sira (CW10) at Government Hospital, Sira and arrested the accused and on the basis of voluntary statement of the accused, visited the spot where the accused had burnt rope and drawn mahazar as per Ex.P8. After completion of investigation, PW12 filed charge sheet before the competent Court against the accused alleging the commission of offence under Section 302 and 201 IPC. Though the First Information Report was registered for the commission of offence under Section 302 IPC, however, charge-sheet was filed under Section 302, 201 IPC, as accused tried to destroy the evidence by burning the rope used by him for commission of the offence. As the offence was exclusively triable by the Sessions Court, the case was committed to the Sessions Court.

(3.) In order to prove the guilt of the accused, the prosecution has examined PW1 to PW12 and got marked documents as Exhibits P1 to P14 and Material Object (pillow)- MO1. After completion of evidence on behalf of the prosecution, the statement of the accused was recorded, as contemplated under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating circumstances appearing against him and also the case set up by the prosecution. The accused neither led his defence evidence nor got marked any documents.