BILAL MALANG SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal, against the Order of conviction dtd. 16/5/2019, passed by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.296 of 2016, whereby the Appellant (Original Accused No.1) is convicted under the provisions of Sec. 235(2) of Criminal Procedure Code, for the offences punishable under Ss. 498-A and 302 of the Indian Penal Code, 1860. For the offence punishable under Sec. 498-A of the Indian Penal Code the Appellant is sentenced to suffer Rigorous Imprisonment for 1 (One) year and pay a fine of Rs.1,000.00 (Rupees One Thousand), in default of payment of fine, the Appellant is to suffer Rigorous Imprisonment for further 2 (Two) months. Appellant is sentenced to suffer Life Imprisonment for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) Initially, prosecution was launched against 4 accused i.e. accused No.1 Bilal Malang Shaikh; being the husband of the deceased, accused No.2, Pallavi @ Jainab Irfan Khan; the so-called sister of the accused No.1, accused No.3 Mumtaz Bilal Sayyad Ahmad; first wife of the accused No.1 and the accused No.4 Fida Hussain @ Malang Islamul Shaikh; being the mother of accused No.1.

(3.) The defence of all the accused including Appellant in their statement recorded under Sec. 313 of Criminal Procedure Code was of total denial. They have stated to have been falsely implicated. All the accused were tried for the offence punishable under Sec. 498-A read with 34 of Indian Penal Code. The Appellant (Original Accused No.1) was also tried for the offence punishable under Sec. 302 of Indian Penal Code.