MOHD GAUS MOHD MUKTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present appeal is directed against the conviction of the appellant for the offence punishable under Section 436 of the Indian Penal Code and sentence of R.I. for 10 years and fine of Rs.5000/- imposed by 7th Ad-hoc Additional Sessions Judge, Nagpur in Sessions Trial No.277/1999 on 12.3.2004.

(2.) THE case of the prosecution, in brief, is that the appellant is closely related to PW1 Ku. Jamila Begum Mohd. Habib, aged about 23 years (hereinafter referred to as the Complainant). Both of them reside in Nagpur in different localities. There was a talk about the marriage between the appellant and the complainant about three years before the incident. However, their marriage could not be settled because the character of the appellant was not good. The appellant was enraged over this. The appellant often used to come to the house of the complainant; he used to abuse and threaten her. On 20.3.1999 the appellant quarreled with the complainant, beat her and threatened her that he would burn her house.

(3.) DURING the same night ASI Chaudhari (PW5) visited the house of the complainant and prepared spot panchanama (Exh.43) between 2.30 am and 3.00 a.m. Thereafter, Crime No.111/1999 under Sections 436 and 427 of the Indian Penal Code was registered against the appellant. The appellant, who was brought by the people in the Police Station, was arrested under Exh.44-A. There were injuries on the person of the appellant and his medical examination was done. After completion of investigation chargesheet was filed against the appellant.