MOHD. ILIYAS Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 02.05.2007 passed in S.T. No.494/2005 by Sessions Judge, Indore whereby the learned trial Court has held the appellant guilty for the offence punishable under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs.5,000/- and in default of payment of fine, to further undergo R.I. for one year.

(2.) The prosecution case in brief is that the accused/appellant was residing in his house with his wife (Shabana), brother (Mohammad Firoz (PW-1) and his wife, mother (Ameena bee (PW-5) and (Farida) sister. Except the appellant and his wife, all other family members used to sleep at the upper storey and appellant with his wife used to sleep in a room situated at ground floor of the house. On 12.09.2005, all the family members were sleeping. At about 4:00 A.M., mother of the appellant heard some noise, she woke up her second son/complainant Mohammad Firoz. They came down and saw that the dead body of the wife of the accused was lying on the floor in the pool of blood. The appellant was standing there. Blood stained Genti and Aari were also lying there. Firoz asked him as to what he had done? He replied that she was 'Nagin' therefore, he has killed her. They called their neighbours Mohammad Iqbal (PW-12) and Daulat Patel (PW-13). Iqbal informed the police on phone. In the meantime, the brother of the accused Firoz detained him in the house and as the police reached on the spot, he was handed over to the police. Firoz went to the police station- Sanyogitaganj, District - Indore with the police and lodged FIR, which was registered at Crime No.797/05 under section 302 of IPC at Police Station. The matter was investigated and charge-sheet was filed.

(3.) The accused was charged under Section 302 of IPC, who abjured his guilt. After the trial, the learned trial Court held the appellant guilty and punished him as stated in para no.1, above.