FAIJULLA WAJIDALI BARGIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the appellant/accused, assailing the judgment and order of conviction and also the sentence dated 28/30.10.2014 passed by V Addl. District and Sessions Judge, Belgaum in Sessions Case No.298/2013.

(2.) Brief facts of the prosecution case, as per Ex.P.3-Complaint filed by the father of the deceased are that he is residing in the address mentioned in the complaint and he has got two male children, three female children by name, Nafeeza, Shabeeda and Maitabi. The Smt.Maitabi has got married and she is residing in the house of her husband. He has also stated that Faijulla got love with his daughter Smt. Maitabi, along with him she went and got married and were residing in Anandpur Plot, Hattargi and they were having two children by name Haseenaa and Shohail. He has further stated that Faijulla was doing weaving business. His daughter use to come and go his house frequently. She use to tell that, about two years back the accused/petitioner by name Faijulla came by consuming alcohol without there being any cause use to take galata and assaulted the deceased Smt.Maitabi and gave her physical and mental torture. On 10.05.2013 at about 11.00 p.m. in the night, accused picked up quarrel with deceased Smt.Maitabi by squeezing her neck and also by strangulating with Dupatta and committed murder of Smt.Maitabi and her dead body is laying in the house of the deceased. Further, informed the complainant to come immediately. Complainant and his wife came to the house of the deceased and there they saw the dead body of Smt.Maitabi and there was ligature mark on the neck. The blood was also oozing from the mouth and nose of Smt. Maitabi. On enquiring neighboring house member by name Basirahamad, he told that yesterday night accused Faijulla and his wife quarreled at about 11.00 p.m. with regard to the cooking of the food at that time he strangulated her and she has fallen down, when they went and saw, at that time, the dead body of the Smt. Maitabi was laying on the bed.

(3.) On the basis of the said complaint, a case came to be registered for the said offences. The Investigating Officer, after completing the investigation, filed the charge-sheet against accused for the said offences.