SHARIF KHAN Vs. STATE OF M P

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 3-10-1991 of the IIIrd Additional Sessions Judge, Dewas passed in S. T No. 91/91 whereby accused-appellant has been convicted Under Section 302, Indian Penal Code for having committed murder of his wife Aishabi by throttling her on 24-2-1991 at about 2 PM in Shantipura, Dewas and sentenced to imprisonment for life and fine of Rs. 500/-; in default of payment of fine R. I. for six months. During trial an alternative charge Under Section 304-B of Indian Penal Code was also framed against accused appellant for causing cruelty by demanding dowry and suspicious death of Aishabi but he has been acquitted for the said offence.

(2.) THE prosecution story in brief is that deceased Aishabi was married to accused-appellant on 23-5-1990 i. e. 9-10 months prior to the date of incident. She lived with the accused at Indore for some time but thereafter they came to Dewas and were living in the house of Smt. Bebikhan for last 8-10 days prior to the incident. Accused was demanding Rs. 10,000/- for repaying the money which he had taken during marriage of his sister. Banobi, mother of accused had also demanded money earlier. Smt. Bebikhan got Rs. 5,000/- as Dipawali Bonus which she gave to the accused. On the date of incident Bebikhan had gone on duty. Accused and his wife deceased Aishabi were in the house. House of Smt. Bebikhan is situated by the side of Shafiq Mohd. , father of Aishabi. Aishabi was watching Serial "tipu Sultan" on television along with Sumitrabai and others. She went to the house of Smt. Bebikhan where both of them i. e. accused and Smt, Bebikhan were residing to call the accused for watching Television, but she did not return.

(3.) TOWN Inspector Raghuvirsingh (PW 16) came to the house of Shafiq Mohd. along with accused and told that he has committed murder. All of them i. e. Raghuvirsingh, Sumitra Bai, Shafiq Mohd. and other persons entered the house which was bolted from outside and found Aishabi lying dead.