MIRAJUL ISLAM SHEIK Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.474 of 2015 on the files of the Additional Sessions Court IV, Thodupuzha is the appellant in this appeal. He challenges in this appeal, the conviction entered and the sentence passed against him in the said case.

(2.) The accusation against the accused in the case as narrated in the final report is that on 15/11/2014 at about 2 a.m., the accused banged the head of his second wife Nazeema Bewa on the wall of the rented building occupied by them and when she fell down unconscious on account of the same, the accused strangled her to death using a shawl, on account of the enmity towards her for having picked up a quarrel with him demanding a property which he intended to give to his first wife.

(3.) A case was registered in connection with the occurrence on the same day by the Thodupuzha police, on the basis of the information furnished by the owner of the building, and after investigation, a final report was filed in the case against the accused, alleging commission of the offence punishable under Sec. 302 of the Indian Penal Code (the IPC). On committing the accused for trial to the Court of Session, the Court of Session also framed charge against the accused for the offence punishable under Sec. 302 IPC. The accused, however, pleaded not guilty on the charge being read over to him.