MOHAMMED SALEEM Vs. STATE

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction and order on sentence dtd. 9/4/2013 passed in SC No.1583 for 2011 by the Presiding Officer, Fast Track Court-IX, Bengaluru City (for short "the trial Court").

(2.) Parties are referred to as per their rank before the trial Court.

(3.) The brief facts leading to this appeal are that, the Police Inspector, MICO Layout Police Station, Bengaluru submitted charge sheet against the accused for the offence under Ss. 498A and 306 Indian Penal Code. It is alleged by the prosecution that, deceased-Jabeena Khan is the daughter of CW.11-Smt.Majhar Khan and CW.7-Fyroz Khan; CW.8-Farook Khan, CW.9- Imthiyaz Khan are the elder brothers of the deceased and CW.10-Afroz Khan is the younger brother of the deceased and the complainant-Mohammed Naveed is the son of the deceased; and the accused is the husband of the deceased. After marriage, accused and deceased were residing in the rental house of one Haji Aslam in 8th cross Bismillah Nagar, MICO Layout, Bengaluru. The accused was an Autorikshaw driver by profession. He was addicted to bad vices, was doubting fidelity of deceased, he was picking up quarrel with the deceased in inebriated state and he did not heed to the advice of relatives and elders. CW.12-Noushad, CW.13-Nahimunnisa and the neighbours had also seen the ill-treatment given by the accused to the deceased. It was alleged that accused was forcing the deceased to bring money from her parents house and the brothers of the deceased had also given an Autorickshaw to him for their livelihood. About 2 to 3 years prior to the incident, the accused had beaten the deceased and she was treated in a private hospital and in that regard he was advised by elders to lead a peaceful life, but in vain. That being so, on 12/9/2011 at about 02.30 p.m., while the complainant-Mohammed Naveed had returned home from school due to ill-health, the accused came in an inebriated state and picked up quarrel with the deceased and assaulted her and the deceased being fed up with ill-treatment given by the accused, sent the Complainant under the guise of purchase of coconut oil, comb etc. and committed suicide by hanging herself to the ceiling fan with the help of mantle by closing the doors of the house. The Complainant who returned home at about 03.30 p.m. saw the deceased through the window, telephoned to relatives, called the neighbours and then opened the door of the house. Then, he took the deceased to Shekhar Hospital with the help of relatives and neighbours. In the meanwhile, accused ran away from the house and deceased was shifted to Jayadev Hospital. There she was declared dead. Thus, the accused has committed the offence under Ss. 498-A and 306 IPC.