MOHAMMAD ADIL Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused who has been convicted for uxoricide and sentenced to life imprisonment and fine of Rs. 5000/-under section 302, Indian Penal Code. The accused has also been convicted and sentenced under section 201, Indian Penal Code to R. I. for one year and fine of rs. 2000/-

(2.) The accused was charged and tried with an allegation that on 23-4-2005 around midnight the accused killed his wife Smt. Parveen by tying a cotton chord around her neck and by hanging her to the rafter of the house. The accused was also charged under sections 498a and 201, Indian Penal Code but has been acquitted under section 498a, Indian Penal Code.

(3.) The accused and the deceased were residing in a small room of a size of about 3. 10 metres by 2. 65 metres which was arranged by the father of the deceased and which belonged to Avdooth Fondekar/pw13. About 15 days prior to the incident there was an incident of ill treatment by the accused and the accused having banged the head of the deceased against the wall, the deceased was compelled to leave her house along with her two children and stay with her parents. The accused, about 4 days prior to the incident, came to her parents house and assured them that the deceased would not be assaulted and brought her back home.