SHEIKH RASHID SHEIKH YAKUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offence punishable under sections 302 and 498 A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5000/ with default stipulation (for the offence under section 302 IPC) and for three years rigorous imprisonment and to pay fine of Rs. 1000/ with default stipulation (for the offence under section 498A IPC), is in appeal under section 374 of the Code of Criminal Procedure. The Judgment of conviction and sentence has been rendered by the 5 th Additional Sessions Judge, Nagpur in Session Trial No. 67/98 on 9.8.2005.

(2.) Prosecution case, briefly stated, is that, on 15.8.1997 Shaikh Ibrahim lodged an oral report at Police Station, Narkhed that his sister in law viz. Rehana died on account of burn injuries at her house in zopadpattti Narkhed, which was reduced into writing by P.S.I., Mahatale. The First Information Report lodged by Shaikh Ibrahim has set the criminal law in motion. Initially, accidental death was registered. Mr. Mahatale P.S.I., went to the spot of occurrence. He found one woman was lying burnt and dead inside the house. This was a house of appellant, who is hereinafter referred to as 'accused'. The dead woman Rehana was his wife. A small boy viz. Irshad son of deceased and accused, was present. He told to P.S.I., Mahatale that accused poured kerosene upon the person of his mother (Rehana) and went away. He also disclosed that before this also his father had beaten his mother. P.S.I., Mahatale, took down the report of the small boy Irshad, obtained thumb impression of Irshad and he went back to the Police Station, Narkhed and registered crime No. 200/97. Printed FIR was prepared by him. He has reported the matter to the Police Inspector at Narkhed Police Station. Two constables were deputed to guard the dead body of Rehana. On the next day i.e. 16.8.1997 P.S.I., Mahatale again went to the spot along with the panch witnesses and Shaikh Ibrahim the first informant. Scene of offence panchanama was drawn. One kerosene oil can having some kerosene, simple earth, kerosene mixed earth, match box, ash, broken bangles and one empty kerosene can were seized under the seizure panchanama. Inquest panchanama was also held on the dead body. The dead body of Rahana was forwarded for autopsy along with the letter. Mr. Mahatale P.S.I., recorded the statements of the witnesses. The accused was arrested. The clothes on the person of the accused, were seized by drawing the panchanama. Incriminating articles were forwarded to the chemical analyser. In the meanwhile, post mortem was conducted on the dead body by the Medical Officer. The post mortem report was obtained by the Police. Investigation carried out, revealed that deceased Rehana was subjected to ill treatment by the accused. Earlier, at the instance of deceased Rahana Crime No. 172/97 was registered against the accused under section 498 A, IPC at the Police Station, Narkhed. It was revealed during the course of investigation that on the date of the incident, accused set her on fire pouring kerosene on her person. Rehana had sustained 100% burn injuries and succumbed to burn injuries. On satisfaction that there is sufficient evidence against the accused for commission of an offence punishable under section 302 of IPC, charge sheet (Exh.11) was presented before the learned Judicial Magistrate, First Class, Narkhed against the accused.

(3.) We have heard the learned counsel for the parties at great length.