STATE OF KARNATAKA REPRESENTED Vs. NASHIMA MAKSHAD PATAYAT

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of acquittal passed by the VII Additional District and Sessions Judge, Belgaum sitting at Chikkodi in S.C. No.72/2013, dated 19.03.2014.

(2.) Briefly stated the facts of the case of the prosecution as per complaint Ex.P1 filed by one Shainaj Bashir Patayat-PW1 are that, she is the resident of the address given in the complaint and her son Makshad Patayat got married with Nashima about four years back and thereafter out of wedlock a son was born by name Sohail, he was 3 years male child and there was some dispute between her son Makshad and daughter-in-law Nashima for silly aspects and they used to complain each other and in that context her daughter-in-law Nashima left the house 3-4 times and went to her parental house and with the help of the elderly persons Prathap Appasaheb Kambale and Asif Goussaheb Mulla, they went and brought her back by advising her and her daughter-in-law used to frequently quarrel with her son Makshad Bashir.

(3.) It is further stated that on 21.10.2012 at about 8.00 AM herself and her husband Bashir and her son Makshad Bashir together went for coolie work and at about 1.30 P.M. herself and her husband Bashir together came in front of the house and at that time, they heard the weeping sound of the grand son Sohail from inside of the house. Herself and her husband and also passer by name Kalmeshwar Gurupad Walake together went inside the house and there, they saw her daughter-inlaw Nashima was strangulating the son-in-law-Sohail with the wale and immediately they went and rescued from the hands of the daughter-in-law and when they saw already the said child has been dead and at that time the daughter-in-law Nashima tried to ran away from the house and the said Kalmeshwar Walake and the persons of the lane chased and caught hold of her and brought and made her to sit in the house and when they asked her daughter-in-law Nashima why that she has done so. Then she told that she is not interested to lead the marital life with her husband and that any of his successor should not live with her. She further stated that because of the dispute between the son and the daughter-in-law she has strangulated her grand son Sohail, who was aged about three years, with an intention to kill by strangulating with veil.