ABDUL KAREEM Vs. STATE

JUDGEMENT

(1.) THE appellant herein is an accused in S. C. No. 12 of 2003, on the file of the Principal Sessions Court, Villupuram stands convicted for offence under Section 302 and 201 IPC and sentenced to life imprisonment and to pay a fine of Rs. 5000/- for each count in default to undergo one year rigorous imprisonment for the offence under Section 302 IPC (six counts) and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 5000/- in default to undergo one year rigorous imprisonment under Section 201 IPC and the sentence of imprisonment to run concurrently. Aggrieved by the said conviction and sentence, the appellant has preferred this appeal.

(2.) THE charge against the accused is that on 27. 07. 2001 at about 10. 00p. m. , he caused the death of his wife/badhuhunisha by strangulating her neck using the saree and placed the body into the pit and further brought his five daughters Nabeeza, Shakeetha, Nazirin, Zagira Banu and Yasmin one by one and tied their hands back, closing their mouth by plaster made them to sit inside the pit alive and closed the pit thereby causing their death due to suffocation. The appellant was charged for offences under Section 302 IPC (for six counts) and under Section 201 IPC.

(3.) IN order to establish the charge, the prosecution has examined 25 witnesses, marked 73 exhibits and produced 27 material objects.