SHAIKH NABAB SHAIKH KHAJAMIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal has been filed by the original accused No.1 challenging his conviction by learned Additional Sessions Judge, Ambajogai in Sessions Case No.95 of 2012 on 22/8/2013, thereby holding him guilty of the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1000.00, in default to suffer rigorous imprisonment for one month.

(2.) The prosecution story is that one Shaikh Shoukat Shaikh Gaffar, resident of Majalgaon lodged a report with Parali Police Station on 1/10/2012. He had stated that he is having two brothers and two sisters. His younger sister Shaikh Taslim got married to accused No.1 - appellant in 2003. She was treated properly for about 1 1/2 to 2 years after the marriage. In the meantime Taslim gave birth to one son and one daughter. After the birth of daughter, accused No.1 started drinking liquor and saying that girl ought not to have taken birth. He used to assault Taslim. Thereafter Taslim gave birth to one more daughter and thereafter accused No.1 intensified harassment to her. Informant Shoukat and his relatives had called accused No.1 at Majalgaon and also met him at Parali from time to time to give him understanding, however, there was no change in his behaviour. About 11 months prior to the First Information Report (for short "FIR"), Taslim was pregnant on fourth occasion. The expectation of accused No.1 and his relatives i.e. mother-in-law, brothers-inlaw was that she should get son. About 2 1/2 months prior to the delivery, accused left Taslim to her parental home by saying that he is not having money to be borne for delivery of the wife and he has no work. Therefore, the informant had arranged for a painting shop to him at Majalgaon. Taslim was kept there in the parental home. About a month later, Taslim delivered fourth child and she was a girl. Accused got dishearten and annoyed because of birth of the daughter. After about 1 1/2 months of delivery, accused took Taslim to Parali and told that he will not harass her. In fact when the mother and brothers of the accused had come to Majalgaon after delivery of Taslim, they were also dishearten as daughter was begotten. Taslim was taken by accused to Parali eight days prior to the FIR. After Taslim went to Parali, the accused persons were harassing her on the ground that the daugher has born. Accused -appellant had also given threat that he would kill Taslim either by giving shock or strangulation or throttling or by poisoning. Informant received phone call of the brother-in-law of the accused around 11.45 p.m. on 30/9/2012 stating that accused has committed murder of Taslim in his house. Thereafter, informant, his father, brother and other relatives went to Parali. They saw that Taslim has expired and her dead body was kept in Government Hospital mortuary. Informant had then lodged FIR with Police around 3.00 a.m. of 1/10/2012.

(3.) On the basis of the said FIR, offence vide Crime No.73 of 2012 came to be registered for the offence punishable under Ss. 302, 498-A read with Sec. 34 of the Indian Penal Code and the investigation was undertaken.