REHMAN PIRMOHAMMED SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned Ad-hoc Additional Sessions Judge, Pune in Sessions Case No.76 of 2002 on 13.01.2003 the appellantsaccused have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the learned Advocate for the appellant as also the learned Public Prosecutor we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution case as disclosed by reappreciation of evidence stated briefly is that the accused No.1-Rehman was married to Yasmin the victim and accused Nos.2 and 3 were in-laws of the victim. Right from the inception of the marriage Yasmin was ill treated by in- laws and the husband because she did not conceive immediately after marriage. However the matter was later on reconciled and she cam back to stay at marital home. While so staying on 8.7.2001 at about 10.00 a.m. The accused gave abuses and assaulted the victim asking her to get out from the house and looking to her resistance the accused persons poured kerosene on her and put her on fire as a result of which she was extensively burnt, admitted to hospital where her dying declaration was recorded on the basis of which First Information Report was registered and investigation was completed. The accused persons were arrested and prosecuted for having commit ted murder of the victim Yasmin.