MOHAMMAD KHALID Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 27.11.2007 passed by the Additional Sessions Judge, Burhanpur (M.P.) in Sessions Case No.18/2007, whereby the appellant has been found guilty of an offence punishable under section 302 of the Indian Penal Code and has been sentenced to life imprisonment with fine of Rs.10,000/- with further stipulation of 5 years R.I in case of default of deposit of fine.

(2.) The prosecution case, in brief, is that in the morning of 15.5.2006 the appellant approached the police authorities of Police Station Kotwali, Burhanpur and lodged a report to the effect that he had married the deceased on 26.11.2005 and that in the night of 14.5.2006 he alongwith his sisters and parents were sleeping on the terrace whereafter the appellant got up at around 12.00 in the night and he and his wife came down to their room in the same house. According to the prosecution, the appellant, in the report lodged by him, has stated that thereafter there was an altercation between the deceased and the appellant as the deceased was stating that one month after their marriage she had entered into another marriage with one Ateek-Ul-Rehman and that she wanted to go and live with him and not with the appellant, whereupon the appellant initially slapped her and then threw her on the bed and that they continued to fight and struggle and during the fight the appellant strangulated her with her 'dupatta' and thereafter feeling guilty for his act, he has approached the police authorities and lodged the report.

(3.) On the basis of the aforesaid report, the criminal law was set in motion. The police examined P.W-1 Imran Khan, brother of the deceased, P.W-11 Firoz Khan, father of the deceased, P.W-12 Abida Fatima, mother of the deceased, and P.W-15 Farhin Naz, sister of the deceased, as well as P.W-3 Dr. B. D. Gattani and P.W-4 Dr.Smt. Lalita Gupta who conducted the postmortem, report of which is Exhibit P-8, and P.W-5 Dr. D. K. Patidar, who had medically examined the appellant.