LAWS(BOM)-2017-7-24

AMINA BI SHAIKH CHAND Vs. STATA OF MAHARASHTRA

Decided On July 07, 2017
Amina Bi Shaikh Chand Appellant
V/S
Stata Of Maharashtra Respondents

JUDGEMENT

(1.) This Appeal is filed by the appellant-accused, challenging the judgment and order passed by the Sessions Judge, Aurangabad, on 21st June, 2001 in Sessions Case No.278 of 1999, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code, and sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default to suffer R.I. for 15 days.

(2.) The prosecution case in nutshell is as under: The deceased Nurjaha Begum, who is the informant in the present case, was residing at Bharatnagar, Garkheda, Aurangabad. She was residing there with her husband, namely Shaikh Chand, who was a truck driver, and three children, and second wife of her husband Aminabi. She married with Sk. Chand about ten years back before the incident, and they were residing at Bharatnagar, Garkheda since about one year prior to the incident. About three years back, her husband married with Aminabi without her knowledge. But she was not pulling on well with Aminabi. Therefore, Aminabi was residing at her parental place.

(3.) The Investigating Officer Sadanand Wayasepatil, who was attached to Chavani Police Station on