SHAIKH AKBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction for the offence punishable under Sec. 302, 498-A of the Indian Penal Code, 1860 by learned Additional Sessions Judge, Jalna in Sessions Case No.101/2016 on 4/7/2017.

(2.) It is not in dispute that deceased Rehana got married to the accused about 2 1/2 years prior to First Information Report dtd. 16/4/2016. Deceased Rehana and appellant were residing at Sanmitra Colony, Partur, Dist. Jalna. Rehana was blessed with two sons; one is Asad aged 1 1/2 and second Ayan aged 08 months at the time of incident. They both were residing in a rented premises away from the parents of the appellant.

(3.) The law was set in motion by Afsarkhan Kabirkhan Pathan by lodging First Information Report on 16/4/2016. He is the father of deceased Rehana. He was also residing in rented premises in Sanmitra Colony. He has five sons and three daughters including deceased Rehana. He alleged that accused was raising suspicion over the character of deceased and there used to be quarrels between them. Appellant used to assault Rehana by raising suspicion. Rehana used to convey the cruelty meted to her to the informant and thereupon informant used to console her. Around 7.00 p.m. on 15/4/2016 when he was sitting in front of his house after dinner, he came to know around 9.30 p.m. that quarrels are going on between his son-in-law and daughter and the son-in-law is assaulting daughter. Therefore, informant went to the house of Rehana along with his wife and son Amjad. People had gathered in front of the house and the door of the house was closed. He himself, his wife and son Amjad then peeped in from the gap of the door and found that Rehana was in supine position on the ground near cot. The appellant was throttling her with both hands and the children were crying. Informant and his son as well as the people, who had gathered, requested accused to open the door, but he did not and, therefore, somebody called police. After the arrival of the police, Jamadar Mr. Suradkar and Mr. Dusane convinced accused to open the door. Thereupon accused opened the door and then it was found that Rehana was in unconscious state. Police made arrangement to shift her to Government Hospital, Partur in police jeep, however, after examining him Doctor declared her as dead. Around 00.45 hours on 16/4/2016 the First Information Report was registered.