NISAR RAMZAN SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The State of Maharashtra has prayed for confirmation of death sentence awarded by the learned Additional Sessions Judge, Shrirampur against the accused No.1 - Nisar Ramzan Sayyed in view of provisions of Section 368 of the Code of Criminal Procedure.

(2.) The learned Additional Sessions Judge Shrirampur framed charge under sections 302, 498-A read with 34 of the Indian Penal Code on 15 th March 2011 against six original accused including present accused appellant Nisar Ramzan Sayyed. By judgment and order dated 22 nd September 2011 the learned Judge acquitted original accused Nos.2 to 6 of the charges levelled against them. Accused No.1-Nisar Ramzan Sayyed was convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to death.

(3.) The deceased Summayya was wife of accused No.1 / appellant Nisar Ramzan Sayyed. She was married to the accused on 30 th March 2007. Summayya was residing jointly with accused / appellant and other accused persons. The witnesses for the prosecution deposed before the trial Court that accused treated Summayya well for a period of one year after marriage. Thereafter the accused started ill-treating Summayya on account of demand of fifty thousand rupees for purchasing an auto-rickshaw. As financial condition of the father of Summayya was poor, the demand could not be met. Ill treatment continued on that count. Summayya was abused and was beaten by the accused.