MOHD. SHAAKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal has been filed by the sole accused in S.C.No.130 of 2014, under Sec. 374 (2) Cr.P.C., and the appellant seeks to assail the Judgment dtd. 7/10/2014, whereunder the trial Court found him guilty for the offence under Sec. 302 r/w 34 Indian Penal Code (for short 'IPC ') and convicted him under Sec. 235 (2) Cr.P.C. The appellant herein was sentenced to undergo imprisonment for life and also to pay fine of Rs.10,000.00, in default to suffer rigorous imprisonment for a period of (6) months.

(2.) The appellant herein was charge sheeted along with (3) others with an allegation that all of them have committed an offence under Ss. 302 r/w 34 IPC. As per the allegations made in the charge sheet, the prosecution has claimed that one Mohd. Ahmed (hereinafter be referred as deceased) was having illegal intimacy with one Mahmooda Begum since two (2) years prior to the alleged offence. However, the deceased started harassing her with a demand of Rs.50,000.00 threatening her with dire consequences, if she failed to pay the said amount. In view of the said harassment, said Mahmooda Begum committed suicide on 10/8/2013 by way of hanging and in connection with the said death, a case in crime No.201 of 2013 has been registered by the concerned police under Sec. 174 Cr.P.C.

(3.) In view of the said suicidal death, accused Nos.1 to 4 bore grudge against the deceased and they were waiting for a chance to kill him. The accused No.4 is the father of said Mahmooda Begum. The prosecution has further alleged that on 12/8/2013 at about 09:30 p.m., the deceased visited the area where the accused were staying along with his friend by name Wajid Nawab @ Khaleelullah Shareef who is examined as PW6 during trial, and having noticed the accused at their street, the accused Nos.1 to 4 attacked him with granite stones and killed him in the spot.