SYED WAHAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused who has been convicted by learned Additional Sessions Judge, Basmathnagar in Sessions Trial No.31/2013 on 31/8/2015, wherein he has been held guilty of committing offence punishable under Sec. 302 of the Indian Penal Code twice for committing murder of his daughter Mariya and son Syed Kaif. He has been sentenced to suffer imprisonment for life and pay fine of Rs.1,000.00, in default to suffer rigorous imprisonment for one year, for both the offences and both the sentences have been directed to be run consecutively.

(2.) The prosecution story, in short, is that informant Reshma Begam is the wife of present appellant - original accused. They got married about six years prior to 3/1/2013 i.e. the date on which the First Information Report was lodged. They were having daughter Mariya aged 4 and son Syed Kaif aged 1 1/2 on that day. Accused used to raise suspicion over her character and was of the impression that the children begotten to the wife are not from him. He used to assault and abuse the informant. Informant had told about the said ill-treatment to her father and brother as well as other relatives. They had tried to pacify accused but there was no positive response from the accused. The ill-treatment got intensified just prior to the First Information Report. Accused had come to Basmath around 7.30 a.m. on 3/1/2013 from Nanded through railway and told informant that he would leave her as well as children to the house of her father. He told that he does not require her and she should not return to his house. He quarreled with the informant. Her father-in-law Mir and mother-in-law Abedabee had pacified the accused and then accused told informant around 11.00 a.m. that he would take children to watch circus. He took the children on his motorcycle. Thereafter around 2.40 p.m. informant was told by police that her daughter and son have been killed near railway gate which was near Sai Mandir in Basmath. Therefore, informant along with her in-laws and other relatives went to the said place. They found that Mariya and Kaif's throat was slit by some sharp weapon. Informant says that as her husband used to raise suspicion over her character and used to give threat that he would kill the children, as they have not begotten from him, her husband has committed their murder. On the basis of said First Information Report offence vide Crime No.2/2013 came to be lodged with Basmath Police Station around 3.50 p.m. on 3/1/2013, for the offence punishable under Sec. 302 of the Indian Penal Code and further investigation was undertaken.

(3.) It is also the prosecution story that PW 1 Sheshrao Lakhade with PW 19 Police Inspector Mr. Surjerao Patil had gone to Bahirji College around 1.00 p.m. They were in the college up to 1.45 p.m. and thereafter they came out of the college campus in jeep. They found one person on motorcycle bearing MH-22-A-6586. It was noticed that the clothes of that person were blood stained and, therefore, PW 19 PI Mr. Surjerao Patil stopped him and made inquiry with him. He gave his name as Syed Wahab Syed Mir i.e. accused and also told about the incident. Thereafter, the fact was informed to the Police Station and further staff was called. Accused then took all of them to the spot i.e. by the side of railway track on Jawala Khandarban road. They saw two children on the ground, whose throats were cut. The blood had come out and those children were already dead, and the information was then sent to the house of accused to the relative and that is how PW 13 informant Reshma came to the spot.