STATE OF MAHARASHTRA Vs. JAHUR KAMRUDDIN KHATIK

JUDGEMENT

(1.) THE present appeal filed by the accused Jahur Kamruddin Khatik, arises out of the judgment and order dated 29th November, 1996, of conviction and sentence passed against him by the 2nd Additional Sessions Judge, Dhule in Sessions Case No. 150/1995, whereby the accused is held guilty of an offence punishable under section 302 of the Indian Penal Code, for committing the murder of his wife -Shehnazbi and father-in-law Suleman Sheikh Gamir Khatik, and is sentenced to death. The accused/appellant is also held guilty for offences punishable under sections 307, 324, 452 and 498-A of the Indian Penal Code. However in view of the death sentence awarded against the first charge under section 302, no separate order of conviction and sentence is passed by the learned 2nd Additional Sessions Judge, Dhule.

(2.) SINCE the accused is sentenced to death, the learned 2nd Additional Sessions Judge, Dhule has referred the matter for confirmation to this Court under section 366 of the Criminal Procedure Code. Both these matters are heard together and are being disposed of by this common judgment.

(3.) THE facts of the case as alleged by the prosecution, are as under :--