SHAIK MUKTHAR AND ANOTHERS Vs. STATE OF AP

JUDGEMENT

(1.) On the intervening night of 13th and 14th of March, 2011, Asma Banu was brutally murdered at her residence at Chandoor Village, Varni Mandal, Nizamabad District. Her husband, Shaik Khaleel (A1), was charged with the offence of having committed her murder under Sec. 302 Penal Code, while Shaik Mukthar (A2), his brother, and Shaik Naseema Begum (A3), his sister, were charged under Sec. 498-A Penal Code for having harassed her to bring additional dowry. They were tried by the learned Sessions Judge, Nizamabad, for the said offences in Sessions Case No.22 of 2013. By judgment dated 03.12.2013 rendered therein, the learned Sessions Judge held them guilty on the charges framed and convicted them under Sec. 235(2) CrPC. A1 was sentenced to undergo rigorous imprisonment for life under Sec. 302 Penal Code apart from paying a fine of Rs.1,000.00 and in default, he was to undergo simple imprisonment for one month. A1 to A3 were sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs.1,000.00 each under Sec. 498-A Penal Code and in the event of default in payment of the fine, they were to undergo simple imprisonment for one month each.

(2.) Aggrieved by their conviction and the sentences imposed upon them, A1 to A3 are in appeal under Sec. 374(2) CrPC. Criminal Appeal No.165 of 2014 was filed by A1 in relation to his conviction and sentence under Sec. 302 Penal Code and Sec. 498-A Penal Code while Criminal Appeal No.1140 of 2013 was filed by A2 and A3, aggrieved by their conviction and sentence under Sec. 498-A IPC. By order dated 19.12.2013 passed in Crl.A.M.P.No.2029 of 2013 in Crl.A.No.1140 of 2013, a learned Judge suspended the sentence of imprisonment visited upon A2 and A3 and directed their release on bail on the same terms and conditions as were imposed by the Sessions Court.

(3.) In terms of Rule 154(1) of the Criminal Rules of Practice and Circular Orders, 1990, both the appeals were clubbed for disposal by a Division Bench.