IQBAL AHMED KALLAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants who are husband and wife have challenged the Judgment and order dtd. 17/06/2021 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.68 of 2016. By the impugned Judgment and order, both the appellants were convicted for commission of offence punishable under sec. 302 r/w. 34 of IPC and were Gokhale sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000.00 each and in default to suffer further R.I. for two months. The Appellants were acquitted from the charges of commission of offence punishable under sec. 504 r/w. 34 of IPC. They are given set off under Sec. 428 of the Code of Criminal Procedure. The Appellants were the original accused Nos.1 and 2 respectively.

(2.) The prosecution case is that, there was a dispute between the Appellant No.1's family and his brother Anwar's family in respect of a room. The deceased Tasabirunissa was wife of Anwar. On 26/10/2015, after a quarrel between the Appellants on one hand and Tasabirunissa on the other, the Appellants poured kerosene on her and set her ablaze. She suffered 49% burns. The neighbours shifted her to Rajawadi hospital. On 27/10/2015 police officer recorded her statement which was treated as dying declaration; pursuant to which C.R.No.519 of 2015 was registered at Shivaji Nagar police station U/s.307 of IPC. The injured succumbed to her injuries in the midnight of 27 and 28/10/2015 and, therefore, the offence punishable U/s.302 of IPC was added in the investigation. The Appellants were arrested during the course of investigation. The investigation was carried out, various panchanamas were conducted, statements of witnesses were recorded and at the conclusion of the investigation charge-sheet was filed. The case was committed to the court of Sessions. During the trial, the prosecution examined 13 witnesses. The defence of the appellants was of total denial. After recording the evidence, and the statements of the Appellants and after hearing the parties, learned trial Judge convicted and sentenced the Appellants, as mentioned above.

(3.) Heard Ms. Misbaah Solkar, learned counsel for the Appellants and Shri. Nakhwa, learned APP for the State.