EMPEROR Vs. ABDUL SHEIKH

JUDGEMENT

(1.) This case comes before us under the provisions of Section 374, Criminal Procedure Code, as the learned Sessions Judge, accepting the verdict of the majority of the Jury, has sentenced the accused to death under Section 302, Indian Penal Code. The accused has also preferred an appeal.

(2.) The case for the prosecution briefly stated is that the accused one night committed a violent assault with a knife on his two wives Saratan Bibi and Kafunnessa Bibi, killing the former and severely injuring the latter. The charges framed against him were under Section 326, Indian Penal Code, in respect of the injuries caused to both women, and under Section 302, Indian Penal Code, in respect of the fatal injuries caused to Saratan.

(3.) The Jury by a majority of three to two found the accused guilty under Section 326, Indian Penal Code, and Section 302, Indian Penal Code.