MAULAALI YAKUB JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants/original accused have been convicted and sentenced by the III Additional Sessions Judge, Sangli in Sessions Case No. 125 of 1990, for offences punishable under section 498-A r/w section 34 and section 306 r/w section 109 of the Indian Penal Code (I. P. C. ). Against this judgment and order of conviction and sentence, the accused have preferred this appeal.

(2.) THE prosecution story is as follows : Mumtajbi, was, the deceased, was the daughter of one Nabilal Baban Mulla. She was given in marriage to accused No. 1 Maulaali Yakub Jamadar. Accused No. 2, Tajbi, is the sister of accused No. 1. She is married. Accused No. 3, Khutijabi, is the mother of accused Nos. 1 and 2. At the relevant time, accused No. 1, Maulaali, along with his wife was residing at Shivnagar area of Islampur in a rented room and was working as a driver with the Maharashtra State Road Transport Corporation. Maulaali and Mumtajbi had three sons from their marriage.

(3.) IT is the case of the prosecution that on 27-3-1990 in the night at 10:30 p. m. Mumtajbi set fire to herself. She was taken to the Civil Hospital, Sangli by Maulaali, her husband, his mother, Khutijabi and his brother. She was admitted in the Burn Ward at about 1:00 a. m. on 28-3-1990.