BASHA Vs. STATE

JUDGEMENT

(1.) Challenging the judgement of conviction and sentence dtd. 17/10/2018 made by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C.No.52 of 2014 convicting the appellants for offences u/s 302 and 201 of IPC and sentencing each of them to undergo Imprisonment for Life and to pay a Fine of Rs.2,500.00 for offence under Sec. 302 of IPC in default to undergo Rigorous Imprisonment for a further period of 2 years and to undergo Rigorous Imprisonment for 7 years and to pay a Fine of Rs.2,500.00 for offence under Sec. 201 of IPC in default to undergo Rigorous Imprisonment for a further period of 1 year, A1 to A4 in the trial court have come up with the present Criminal Appeal.

(2.) The prosecution story runs thus:- The deceased Asina @ Rasiya is the daughter of one Anwar, sister of Mubaarak Basha (P.W.4) and sister-in-law of Ahamad Basha (P.W.5). They hail from Singarampettai village in Krishnagiri District. The deceased Rasiya was given in marriage to one Bargath of Singarampettai Village about 8 years prior to her death. Since their marriage ran into a rough weather, they got divorced by pronouncing triple talaq. Two years after the divorce, the deceased Rasiya was given in marriage to Basha ;A1 of Kalkundu village in Krishnagiri District. Basheer Sayabu ;A2 and Amnu @ Abinabi ;A3 are the parents of Basha ;A1. Basha ;A1 developed intimacy with his relative Asina ;A4 which was strongly opposed by the deceased Rasiya on account of which, there used to be frequent quarrels between the two and the deceased Rasiya would be sent back to her parental home in Singarampettai village.

(3.) While so, the deceased Rasiya conceived. However, it is alleged that her husband Basha ;A1 brought and kept Asina ;A4 in his house much to the discomfiture of the deceased Rasiya. Therefore, the quarrel between Basha ;A1 and the deceased Rasiya continued unabated and the deceased Rasiya returned to her parental home a few weeks prior to her death. It is alleged that 8 days prior to her death, she was dropped back in her matrimonial home in Kalkundu Village. Around 05.00 a.m. on 25/5/2013, Rasiya's father received a call that Rasiya had committed self immolation and died. Therefore, he along with his relatives rushed, to the house of Basha ;A1 in Kalkundu Village and found the dead body of his daughter in the house with burn injuries. Suspecting foul play in the death of his daughter, alleging involvement of Basha ;A1 and his parents Basheer Sayabu ;A2 and Amnu @ Abinabi ;A3, Anwar, the father of the deceased Rasiya, gave a written complaint (Ex.P6) against his son-in-law Basha ;A1 and co-parents-in-law Basheer Sayabu ;A2 and Amnu @ Abinabi ;A3 and Asina ;A4 to the police, based on which, Veeramani (P.W.13), Sub Inspector of Police, Kallavi Police Station, registered a case in Crime No.93 of 2013 at 10.00 a.m. on 25/5/2013 u/s 302 of IPC against A1 to A4 and prepared the printed FIR (Ex.P.13) which reached the jurisdictional Magistrate concerned at 01.00 p.m. on the same day.