MAHEBOOB Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused challenging the judgment of conviction dated 26.09.2011 and order of sentence dated 28.09.2011 for the offence punishable under Section 302 of IPC in SC No. 64/2011 dated 26.09.2012 whereunder the appellant accused is sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/-.

(2.) It is the case of the prosecution that about 10 to 12 years ago deceased Smt. - Alimabi elder sister of the complainant - Mahammed Hussain was given in marriage to appellant accused - Maheboob Dafedar resident of Chinnakar village and they had two children. After 2-3 years of their marriage both the deceased and her husband had come to Yadgir and were residing in a rented house situated in Sadardarwaja lane, Yadgir and the deceased was doing tailoring work and her husband was running an Autorikshaw on rental basis. After two years of marriage, the appellant accused started suspecting the chastity of his wife and he used to quarrel with her. Whenever she talked with her relatives and her well wishers her husband, appellant accused used to quarrel with her and used to assault her under the pretext of illicit relationship. On 10.08.2011 the complainant was engaged in plastering a house at Hosalli cross at about 01.00 pm when he was near tea shop near Hosalli cross he came to know that a muslim lady was being murdered by a person by assaulting with chopper on her chin and she was taken to the hospital and therefore he went to mortuary of Government Hospital and found the dead body and he identified the said dead body as that of his sister. A person by name Tippanna son of Ramanna who witnessed the murder of sister of complainant was present in the hospital and on enquiry he told regarding the incident. The appellant accused took his wife near Gunj area of Yadgir town and committed her murder. The said complaint filed by Mahammed Hussain - brother of the deceased came to be registered in crime No. 96/2011 for the offence punishable under Section 302 IPC. The CPI after investigation filed charge sheet against the accused for the offence punishable under Section 302 IPC.

(3.) The prosecution, in order to prove its case, examined 26 witnesses as P.W.I to P.W.26 and got marked Ex.P. 1 to Ex.P.28 and material objects M.O.I to M.O.8. The accused was examined as required under Section 313 Cr.P.C. and he denied the incriminating evidence.