SIKANDAR HAJIMALANG SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have been charged, tried and convicted under Section 302 read with Section 34 of Indian Penal Code (IPC) by the 3rd Additional Sessions Judge, Solapur. THErefore this appeal against conviction.

(2.) Appellant no.1 is the nephew of appellant no.2. APPELLANT no.2 is alleged to be the husband of deceased-Sherabai. Shabera @ Shahabai (the deceased) left her first husband and started living with her parents. A child was born of their wed-lock namely; Baba Hasan (PW9 ). The deceased, about3 to 4 months prior to the date of incident left the house of appellant no.2 because of frequent quarrels and had been living with her brother, the complainant. As alleged, their dispute was settled, accused no.2 and the deceased went for a marriage and returned on the same day in the house of accused no.2. On 23.12.1995 accused no.2 and the deceased left together from the house of accused no.2 on a bicycle. On the same day, accused no.1, first left the house of accused no.2 on the bicycle followed by accused no.2 and the deceased. All of them left the house within a span of 10 to 15 minutes. The deceased did not return. Accused no.2 has not answered when PW9 enquired about her mother, the deceased. On 24.12.1995 the complainant, therefore lodged an FIR (Ex.23) at Mohol Police Station. According to the complainant the deceased was murdered by the accused. An offence was registered under Section 302 read with Section 34 of IPC against both the accused by PSI Gaikwad (PW16 ).

(3.) Both the accused pleaded not guilty to the charges. Accused no.1 in his statement under Section 313 of Code of Criminal Procedure (Cr. P. C.) stated that he was falsely implicated in this case and booked only on suspicion. He further stated that he fell down on a broken pieces of glass of the bottle. Therefore he had received injuries. Accused no.2 in his statement stated that there was no quarrel with the deceased. BOTH were living happily. The complainant and his mother were dealing in liquor business. He further stated that between 23.12.1995 to 24.12.1995 he was working at the Railway station; he was relieved from his duty at12 noon on12.12.1995. At about6 p. m. on the same day, he came to know about the death of his wife (the deceased) at Madha and thereafter he rushed to Mohol, thereby, accused no.2 raised a plea of alibi.