RUHID JAMAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No. 38/2011 is filed by accused No. 2 wherein Criminal Appeal No. 46/2012 is filed by accused No. 1.

(2.) The case of the prosecution in brief is that accused No. 2 - Smt. Ruhid Jamal is the wife of deceased Mohamed Suhebulla (hereinafter called as deceased No. 1); she is also the daughter -in -law of another deceased namely Smt. Pyarejan (hereinafter called as deceased No. 2). Both the deceased are son and mother of accused No. 2 respectively. Out of the wedlock between accused No. 2 and deceased No. 1, two sons have born viz., one Shahanulla, aged about 13 -14 years and another Zeeyaulla, aged about 11 -12 years during the relevant point of time. Deceased No. 1 was working in a mutton shop. It appears, he was also in the business of real estate to a smaller extent. Accused No. 1 viz., Syed Asif is the sister's son of deceased No. 1. It is the further case of the prosecution that accused No. 1 had got illicit relationship with accused No. 2 and panchayats were held prior to the incident on number of occasions. Despite the same, both the accused did not mend their conduct. The first son of accused No. 2 and deceased No. 1 viz., Shahanulla was studying in Mandya in his grand parents' house. However, the second son of the couple was living with the deceased No. 1 and accused No. 2 in the same house.

(3.) In order to prove its case, prosecution in all examined 21 witnesses and got marked 36 exhibits and 9 material objects. On behalf of defence, one witness was examined as DW -1 and 4 documents were marked. The trial Court as aforementioned convicted the accused for the offence punishable under Sec. 302 read with Sec. 34 of IPC and sentenced them to undergo rigorous imprisonment for life.