RAJ MOHMAD USMAN SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the present appeal, the appellant i.e. the accused takes exception to the conviction and sentence imposed upon him by judgment and order dated 31.3.2006 rendered in Sessions Case No.70 of 2005, by 1 st Ad-hoc Additional Sessions, Judge, Baramati, convicting him for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs.1000/- and in default to suffer simple imprisonment for three months and also convicting him for the offence punishable under Section 307 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years with fine of Rs.500/-, in default to suffer simple imprisonment for one month.

(3.) The factual matrix of the prosecution case is as follows: It is alleged that the appellant Raj Mohmad Usman Sayyad (hereinafter referred to as "the accused" for the sake of brevity) intentionally caused the death of his daughter, namely, Dilshad and attempted to commit murder of his wife Tahira, on 7.7.2005, at Village Deulgaon (Rasal), Taluka Baramati, Dist. Pune. It is also alleged that the accused married with PW-1 Tahira, and out of the said wedlock three daughters, namely, Sana, Dilshad and Karishma and one son, namely, Tayyab were born. However, PW-1 Tahira allegedly had illicit relations with one Shafiq Makbul Inamdar but her husband i.e. the accused herein was not aware of the said fact. It is further alleged that, on 5.7.2005, after the dinner, the accused, his wife Tahira and children went to sleep but in the midnight at about 1.30 a.m. PW-1 Tahira came outside the house as agreed by her with said Shafiq and both of them went on the "Chhappar" i.e. the portion adjacent to the kitchen. Thereafter, while Shafiq was rubbing her chaste, her husband i.e. the accused herein came outside the house and saw the said incident and caught both of them redhanded in compromising position. Thereupon, he gave kicks and fist blows to his wife PW-1 Tahira. The children also woke up and accused asked his wife to leave his house and reside with Shafiq but Tahira begged his pardon. Thereafter, on 6.7.2005 there was a weekly bazaar day of the village Supa, and hence, her husband i.e. the accused went to Supa but did not return back on the same day.