ABBASALI KHAJBHAI SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 12th July, 2006 passed by the learned Vth Ad hoc Addl. Sessions Judge, Solapur, convicting the appellant for committing the murder of his wife Najma Abbasali Sayyad and daughter Anjum Abbasali Sayyad on 29th September, 2005 at about 3.00 hours in the house of his brother-in-law PW9 Hassan Shaikh by inflicting blows of stone on their head and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/-, and in default of payment of fine, to undergo further rigorous imprisonment for one year. According to prosecution, the appellant after his marriage with Najma, daughter of PW2 Gulab Babu Gadiwan resident of Limbichincholi, Solapur, in the year 2001 was residing along with Najma and his parents at Swagat Nagar, Solapur. A daughter Anjum was born out of said wedlock. After happy married life for two years, the appellant started quarrelling with Najma and beating her due to suspicion about her character.

(2.) The appellant pleaded not guilty to the charge (Exh. 3) framed against him for the offence of murder of wife and daughter by the Court of Sessions, after the case was committed to the said Court. The prosecution examined in all '11' witnesses at the trial, i.e., above referred witnesses and additionally PW8 ASI Ashok Vhatkar, Mudeemal clerk with whom muddemal was deposited by PW11, panch PW4 Jamadar in whose presence on 29th September, the clothes of both deceased were seized under panchanama vide Exh. 25 and PW10 Ramkrishna Kudale, Revenue Officer for having prepared map of offence (Exh. 41). The prosecution also placed reliance upon the documentary evidence, which were prepared during the course of investigation.

(3.) The trial court after appreciation of the prosecution evidence came to the conclusion that by the said evidence the prosecution has established the various circumstances discussed in the judgment and the said circumstances considered in light of non-explanation on the part of the appellant leading to the conclusion of sole inference of the guilt of the appellant in murdering his wife and daughter by inflicting blows of stone-pata on their head. In consonance with said conclusion arrived, the trial Court convicted and sentenced the appellant as narrated hereinabove.