ASID AMIR JAHAGIRDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by original accused persons, challenging their conviction in Sessions Case No.190/2011 by learned Assistant Sessions Judge-2, Aurangabad dated 25.1.2016 for the offences punishable under Sections 143, 147, 306, 452, 294, 323, 504, 506, read with 34 of Indian Penal Code. All the appellants are referred to by their nomenclature before trial Court for the sake of convenience.

(2.) A brief conspectus of the facts relevant to unfold the controversy is as under :

(3.) It has been vehemently submitted on behalf of the appellants that the FIR shows that there were two different incidences. The allegation by accused No.3 was that son of Shaikh Tayyab had committed rape on her daughter, who was then two and half to three years of age and according to the informant, when she had intervened and sped accused No.3 from further assaulting son of the deceased. According to her, the incident is alleged to have taken place on 13.1.2011. Without even going to the testimony; yet only on the basis of the FIR, it can be seen that deceased Tayyab was not aware about as to exactly what had happened inside the house on 15.1.2011 with the informant. Then where is the question of instigation by accused persons to him to commit suicide. The appellants are not challenging the fact that Tayyab has committed suicide by consuming poison, but they are challenging the allegations that they had instigated or abetted commission of suicide by Tayyab.