SK SALIM SK SAYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for committing murder of his wife Afsanabi before Sessions Court by Additional Sessions Judge, Akola in Sessions Trial No. 162/1997. THE learned Sessions Judge by Judgment and Order dated-7-11-1998 convicted the appellant for offence under section302 of I. P. C. and sentenced him to imprisonment for life and to pay fine of Rs. 500/- in default R. I. for one month. This judgment of conviction and sentence is under challenge in this appeal.

(2.) THE incident which gave rise to the prosecution against the appellant took place on15-4-1997 at night at the house of the appellant at Naigaon within jurisdiction of Police Station, Akot File, Akola. Deceased Afsanabi, who was married to appellant on15-4-1996 was living with him. This witness Julekhabi (P.W.7) who was the maternal aunt of the deceased. This witness Julekhabi was residing in the room which is adjacent to the room in which the appellant and the deceased were residing. Witness - Aminabi (P.W.8) was another maternal aunt of deceased Afsanabi who was also residing in the premises of her sister - Julekhabi and there is common wall in between her room and the room in which Afsanabi was residing. Deceased Afsanabi was daughter of Gulam Dastagir (P.W.4) and Khurshidbi (P.W.6 ). After the marriage of Afsanabi, her parents namely - Gulam Dastagir and Khurshidbi used to visit her matrimonial home and Afsanabi also used to visit her parent's house and at that time Afsanabi was disclosing about ill-treatment meted out to her by the appellant for one reason or the other. According to the prosecution case, the appellant used to ill-treat his wife Afsanabi on the ground that she was slow in cooking. On that ground appellant used to beat her and due to that Afsanabi used to remain in nervous mood. Afsanabi used to disclose to her maternal aunt - Julekhabi and Aminabi about the conduct of appellant and particularly about the ill-treatment which she was required to suffer at this hands.

(3.) P. S. I. Chavan returned to Police Station and lodged complaint - Exhibit 34 on the basis of the dying declaration Exhibit 25-A. On the basis of that complaint the offence was registered under section307 of I. P. C. against the appellant vide Crime No. 56/97. P. S. I. Chavan on16-4-1997 visited the place of occurrence and made spot panchanama Exhibit 19. He also seized the articles which were found scattered in the room under seizure memo Exhibit 20. He noticed that one of the shutters of the door was broken. The door was locked from inside. There was smell of kerosene in the room. The appellant was arrested and was forwarded to the Civil Hospital for medical examination and it was found that he has sustained burn injuries on his hands. The articles which came to be seized were sent to the Chemical Analyser for examination. On 19-4-1997 Afsanabi succumbed to burn injuries. After inquest was made her dead body was forwarded for carrying autopsy. After receiving the P. M. Notes - Exhibit 13 wherein the cause of death was found to be shock due to burns 90% and after completing the investigation the charge-sheet was filed in the court of Judicial Magistrate First Class who in turn committed the case to the court of sessions.