NAZIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred by the appellant / accused being aggrieved by the judgment and order passed by the 3rd Additional Sessions Judge, Aurangabad on 9th February, 2001 in Sessions Case No.305 of 1996. The appellant has been convicted for the offence punishable under Section 302 of I.P.C., and sentenced to suffer imprisonment for life and to pay a fine of Rs.100/, in default, simple imprisonment for one month.

(2.) The prosecution case, in a nutshell is, as under: The deceased Samina, sister of (P.W.1) Rafiqkhan and daughter of Ameenabee (P.W.2) r/o. Village Ghatnandra, Taluka Sillod, District Aurangabad was married to Ashpaq Khan of village Ambhai, Tahsil Sillod in the year 1994. The husband of victim Samina Ashfaqkhan was residing with his parents, whereas his four other brothers namely Anwarkhan, Iqbal Khan and Ishaq Khan were residing in same locality but separately. Brother Ishaqkhan had shifted to Bombay, whereas brothers Anwarkhan and Iqbalkhan were residing in the same "Wada" of their fatherMubarak Khan. It is alleged by the persecution that there used to be some dispute between the brothers and their families on account of property belonging to Mubaraqkhan. They were alleging that property of Mubaraqkhan being usurped by Ashfaqkhan and his wife Samina. Even though there was some dispute between Ashfaq and his brother Anwar, who was husband of accused Nazira, still he was on visiting terms with Samina and her husband. Accused i.e. wife of Anwarkhan, was believing that her husband Anwarkhan was taking interest in the womanhood of deceased Samina. On account of that two days prior to the incident there was a fierce quarrel between accused and deceased. It is alleged that on 20.5.1996 at about 10 a.m. Accused came to the house of Samina and warned her that she should not have any conversation with her husband Anwarkhan and she should not allow him to enter in her house. Because of this Samina told Anwarkhan that he should not visit her house, but Anwarkhan told her that as the house belong to his parents, nobody can prevent him while visiting her house. On this Samina did not say anything, but realized that accused was making wild allegations and suspecting her relationship with Anwarkhan.

(3.) It is the case of the prosecution that, whenever deceased had any occasion, to meet her mother Ameenabee, she used to narrate this to her, but Ameenabee avoided to take the dispute seriously. On the contrary, Ameenabee suggested Samina that one should not take such allegation very seriously and neglect them.