MUSTAFA SHAHADAL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from the order of conviction and sentence passed in Sessions Case No.7 of 1990 by the learned 4th Addl. Sessions Judge at Kolhapur. The accused - appellants came to be convicted for the offences punishable under Sections 498-A and 304-B read with Section 34 of IPC and have been sentenced to suffer RI for seven years under Section 304-B and for one year and to pay a fine of Rs.1000/- in default to suffer RI for six months under Section 498-A of IPC. On admission of appeal they were released on bail as per the order dated 19/12/1990. The learned counsel for the appellants has submitted that appellant nos.2 and 3 are no more and death certificates issued by Kagal Municipal Council in respect of appellant no.3 and by the Kolhapur Municipal Corporation in respect of appellant no.2 are placed on record. Hence this appeal survives only against the appellant no.1 - original accused no.1.

(2.) Marriage of the appellant no.1 with deceased Hasina - daughter of PW 6 - Dilawar Pathan and PW 7 - Chandbi took place on 26th January 1989. She was staying with the accused in her matrimonial home at village Ujalawadi. On 23/8/1989 while she was at her matrimonial home, she was taken to the CPR Hospital at Kolhapur and the doctor found that she was not alive. PW 1 on receiving the message that his grand-daughter - Hasina (daughter's daughter) was taken to the CPR Hospital, reached along with his wife on the same day at Kolhapur and found that his grand-daughter was dead. He filed FIR (Exhibit 20) on the same day and alleged that the deceased was tortured and harassed by the accused on account of demand of golden chain, golden ring and cash amount of Rs.5000/- and on that count she committed suicide. The accused were taken in custody. The FIR was lodged at 9.50 p.m. Inquest Panchanama was drawn and A.D.No.83/1989 was recorded. However, on the complaint of PW 1, C.P.No.186/89 was registered at 9.50 p.m. for the offences punishable under Sections 306, 304-B and 498-A read with Section 34 of IPC. PW 5 Dr. Ramdas Mane conducted the post mortem and submitted his report at Exhibit 22. The cause of death was reserved. However, on receiving the CA report at Exhibit 23 the cause of death was stated to be poisoning and the accused nos.1 and 2 were taken in custody on 24/8/1989. Charge-sheet was submitted on completion of the investigation on 16/11/1989 and charges were farmed on 6/9/1990 at Exhibit 2.

(3.) During the trial the prosecution examined as many as 12 witnesses and five of them are the near relations of the deceased i.e. PW 4 Abdulrahim Shaikh - Grandfather, PW 6 - Dilawar Pathan - father, PW 7 - Chandbi Pathan - mother, PW 8 Hawabi Shaikh - grandmother, and PW 9 - Ayubkhan Pathan - brother. PW 1 - Afzal Zari was the panch witness for the inquest panchanama at Exhibit 14. PW 2 - Munid Naikwadi and PW 3 - Narayan Mane were panch witnesses for the scene of offence and both of them turned hostile. PW 5 is Dr. Ramdas Mane who performed the post-mortem. PW 10 Abubakr Nimsikari was the mediator to fix the marriage of the deceased with the accused no.1. PW Nos.11 and 12 were the police personnel.