MOHAMMED JAHANGEER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The prosecution laid charge sheet against the appellant/accused for the offence under Section 302 IPC. After a full -fledged trial, the learned III Additional Metropolitan Sessions Judge, Hyderabad, convicted and sentenced the appellant to undergo life imprisonment and also to pay fine of Rs.5,000/ - by his judgment, dated 11 -06 - 2010, in SC.No.268 of 2009. Assailing the same, the accused/appellant has filed this Criminal Appeal.

(2.) The case of the prosecution in brief is that Mrs.Fareeda Begum (hereinafter referred as 'the deceased') was the wife of the appellant; that they had three minor children; that they were residing in Vombay Colony, Pochamma Basthi, Humayun Nagar, Hyderabad; that the appellant was running a shop relating to orchestra (band); that the deceased was his second wife; that his first wife - Mrs.Mumtaz Sultana resides at MD Lines, Tolichowki, Hyderabad, along with her four children; that the appellant married the deceased 10 years prior to the incident; that he was addicted to liquor; and that he used to come to the house of the deceased in a fully intoxicated condition, quarrel with her and beat and torture her for not giving money to buy liquor.

(3.) On the night of 02 -01 -2008, the appellant came to the house of the deceased in a drunken state and started quarrelling with her. The neighbours interfered and for a while, the deceased went to her mother's house situated nearby their house, but the appellant followed her and brought her back to his house and closed the doors. In a fully intoxicated condition, the appellant poured petrol over the deceased in the presence of his two minor daughters and set her ablaze in the bathroom of the house. Unable to bear the pain due to burn injuries, the deceased came running out of her house and rushed to her mother's house. Immediately, her mother and elder sister alerted the Humayunnagar Police, who shifted her to the Osmania General Hospital (OGH) for treatment.