SANA AMANKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has approached this Court being aggrieved by the judgment and order dated 13.05.2016 passed by the learned Additional Sessions Judge, Chandrapur in Sessions Case No. 147 of 2013, thereby convicting the Appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and further directing him to pay fine of Rs. 25000/- and in default to suffer rigorous imprisonment for six months.

(2.) The prosecution case, as could be gathered from the material placed on record, is thus :-

(3.) The accused and the first informant are related to each other. The deceased Shafak Khan, aged about 10 years and Mahek Khan aged about 8 years were son and daughter of the first informant P.W. 3 - Mohd. Israil Khan. The accused and P.W. 3 resided near the houses of each other. It is the prosecution case that, around 3 to 4 months prior to the incident, wife of the first informant alongwith other relatives, had complained to the parents of the accused about her behaviour and asked them to get her married and advised them that, she should not be allowed to roam alongwith boys as it affects the reputation of the family. It is the prosecution case that, the accused was upset due to such remarks and had malice in her heart against the informant and his family. It is further the prosecution case that, on the date of the incident i.e. on 13/09/2013, at around 10.15 A.M., the accused had called children of the first informant at her home by sending a message through one boy Rohit Thakur. It is further their case that, when children were inside her house, she increased volume of TV. Thereafter, she committed murder of Shafak Khan by strangulating his neck with a nylon rope and also committed murder of Mahek Khan by strangulating her neck by the wire of phone charger and by drowning her in the water.