SADIQ ALIAS DAL Vs. STATE

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under sections 448 and 307 of IPC on trial held by the Fast Track Court at Madhugiri.

(2.) THE facts reveal that P.W.1 -Zakirunnisa and P.W.3 -Fayaz Ahammed are the parents of P.W.2 - Razia Sulthan. P.W.5 -Fajiulla is the brother of P.W.2 - Razia Sulthan and son of P.Ws.1 and 3. P.W.2 had returned to her parents' house on the death of her husband and was staying with her child. The appellant who is the accused was insisting P.W.1 and 3 to perform marriage of P.W.2 with him and parents of P.W.2 had refused to offer her in marriage. In between the night of 8th and 9th September 2010, during Ramzan period, they got up at about 4.00 A.M. and P.W.1 while proceeding towards kitchen, saw the appellant jumping on the wall from the kitchen room. She was scared and informed this fact to the members of her family. They went to kitchen and found that the pipe connected to the cylinder was cut off and there was a bad smell emanating from the food articles. She suspected mixture of poison in the food articles by the accused and therefore approached the police and submitted a complaint at 1.30 P.M. on the same day, which came to be registered by P.W.7 - PSI in crime No.108/2010, for the offence punishable under sections 448 and 307 of IPC.

(3.) HEARD the learned Counsel for the appellant and also the learned High Court Government Pleader for the respondent -state.