(1.) The correctness of the judgment and order of conviction dtd. 16/5/2002 rendered by learned Additional Sessions Judge, Aurangabad in Sessions Case No. 253 of 2000, convicting present appellant for offence punishable under Ss. 498-A and 306 of the Indian Penal Code [IPC] is under challenge.
(2.) Deceased Shahana Begum was married to present appellant and after marriage, she came to reside with her husband and in-laws. Initially everything was smooth, but subsequently there was ill- treatment at the hands of accused persons. They suspected her fidelity and beat her. Two years after marriage, because of said ill-treatment, she had consumed phenyl and therefore, was brought back by her father PW5. After compromise, she came back to reside with husband and in-laws, but again ill-treatment began. According to prosecution, on 29/5/2000, husband beat her by suspecting her character. Finally, getting fed up of the same, she immolated herself and suffered 92% burns. PW3 Special Executive Magistrate recorded her dying declaration on the strength of which, crime was registered.
(3.) Shahana Begum succumbed to the burns and therefore, investigation was carried out by PW9, who, after gathering sufficient evidence, chargesheeted accused persons for commission of offence punishable under Ss. 498-A and 306 of IPC.
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