JABIULLA KHAN Vs. STATE

JUDGEMENT

(1.) Petitioners are accused Nos.2 and 3 in Crime No.206/2019 of Dobbespet police station, Nelamangala Circle. Petitioners and their brother Munsiffulla Khan (Accused No.1) were charge sheeted in the said case for the offence punishable under Section 302 read with Section 34 of IPC on the basis of complaint of Vasanth H.T. Police Sub-Inspector.

(2.) Accused No.1 was married to one Heena Kowsar about 14 years back and they have two sons aged 9 and 7 years. It is alleged that Heena Kowsar was suffering from mental ill-health. On 24.12.2019 at about 2.00 p.m. she was found dead in the house of accused No.1. As per postmortem report, the death was due to asphyxia as a result of smothering. There were some other external injuries on the dead body.

(3.) It is alleged that due to aggravated mental ill health, Heena Kowsar was conducting in an unmanageable manner. Being frustrated by that, to get rid of her, on 24.12.2019 at 2.00 p.m., accused No.1 allegedly smothered her and the petitioners gripped her hands and legs and facilitated accused No.1 to commit murder. Petitioners were arrested on 19.03.2020 and since then they are in judicial custody.