NIZAMUDDIN SHAIKH ABDUL WAHAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants Nizamuddin Shaikh Abdul Wahab and his mother Ameenabi Shaikh Abdul Waheb had been convicted and sentenced by the Addl. Sessions Judge, Greater Bombay, for offences punishable under section 306 read with 114 of the Indian Penal Code and section 498-A been sentenced under section 306 read with 114 of the Indian Penal Code to suffer R. I. for three years and to pay a fine of Rs. 1000/-, in default to suffer R. I. for one year. He has also been convicted for the offences punishable under section 498-A of the Indian Penal Code and sentenced to suffer R. I. for six months. The sentences were directed to run concurrently, after giving him a set-off from 27-7-1986 to 11-8-1986. Appellant No. 2, his mother, has been sentenced till rising of the Court on each count and imposed a fine of Rs. 1000/- on each count, in default to suffer R. I. for six months on each count.

(2.) BEING aggrieved by the aforesaid judgment and order dated 31-7-1992, the present appeal is filed in this Court.

(3.) THE prosecution story in brief is as follows : appellant No. 1 Nizamuddin had married the deceased Banu about six months before 27-7-1986, the date of the incident. The deceased was continuously harassed by appellant No. 1 Nizamuddin and his mother Ameenabi since then. In other words, she was treated with cruelty. The appellants made allegations of lack of chastity and infidelity against the deceased Banu. Banu, on account of the oppressive atmosphere at home had gone back to her mothers house. However, on 25-7-1986, a day before the incident, her husband Nizamuddin went to her mothers house and persuaded her to come back and live with him at their residence at Room No. 118, Shalimar Bldg. , Lala Nigam Road, Colaba, Bombay. She did so.