The accused has preferred the present appeal against

the impugned judgment of conviction dated 17/03/2015 and

order

of

sentence

dated

18/03/2015

passed

in

S.C.No.123/2013, on the file of the Fast Track Court at

Sagar, convicting the accused under the provisions of

Sections 302 of the Indian Penal Code, 1860 (“IPC” for

short) to undergo imprisonment for life i.e., he has to remain

in prison until his death and to pay a fine of Rs.5,000/- and

in default, to undergo simple imprisonment for three months.

Facts of the case:

2.

It is the case of the prosecution that, on the basis

of the complaint lodged by the brother of the deceased –

Hasmath Banu that on 28/10/2013 at about 10.30 a.m.

Riyazkhan telephoned the complainant and informed that his

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father Peerkhan-accused had committed murder of his sister

Hasmath Banu by assaulting her with sickle and spade and

when the complainant went there at 11.00 a.m., he found

the dead body of his sister in kitchen in the pool of blood and

spade and broken sickle were lying near the dead body. It is

stated that the complainant came to know that the said

Peerkhan-accused had been to Bengaluru on 19/01/2013

and stayed there for two days in the house of Fairozkhan and

returned on 23/01/2013 along with Hasmath Banu saying

that he is going to send rice with her. After two days, when

Hasmath Banu told Peerkhan that she wants to return back

to Bengaluru, he asked her to stay back so that he has to

arrange for rice and the said Peerkhan was abusing Hasmath

Banu as she was married to Fairozkhan (son of Peerkhan)

and ruined the family life of his first wife-Rihana Banu

(daughter-in-law of Peerkhan) and her children. As the first

wife of Fairozkhan namely, Rihana Banu had attempted to

commit suicide along with her children, Firozkhan was

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abusing Hasmath Banu saying that she was the cause for

spoiling his son’s and daughter-in-law’s life.

3.

According to complainant, Riyazkhan mentioned

that on 27/01/2013, at around 10.00 p.m. Hasmath Banu

and her mother-in-law Rajiya Bi were sleeping in the kitchen

and at about 1.30 to 2.00 a.m., when he heard the noise, he

woke up and switched on the light and saw that the front

door was opened and when he came out, he saw his father

Peerkhan proceeding on his TVS bike and when Riyazkhan

enquired with his father, he got angry and proceeded

towards Shikaripura and when he entered the kitchen, he

found the dead body of Hasmath Banu, who had sustained

grievous injury on her head and there were spade and sickle

lying near the dead body and his mother-in-law was in

shock. On enquiry with Rajiya Bi, she informed that she

heard the noise and woke up and saw that the said Peerkhan

had kept the sickle and went out and had committed the

murder of Hasmath Banu by assaulting her on her head. The

said Peerkhan had ill-will against Hasmath Banu as he felt

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that she had ruined the family of his son Fairozkhan with his

first wife and children and due to the said reason, he had

committed the murder of Hasmath Banu.

4.

On the basis of the complaint, the Jurisdictional

Police registered a case in P.S.Crime No.39/2013 and

conducted investigation by visiting the spot in the presence

of panchas and recorded the statement of the witnesses.

5.

MOs.8 to 11 were received by the Investigating

Officer and arrested the accused and recorded his voluntary

statement before the panchas and on the basis of which, he

went to Shikaripura and seized TVS moped and zerkin in the

presence of the panchas after receipt of the property extract

of the spot, P.M. report and other documents and he

concluded the investigation and submitted the charge sheet

before the Court. After filing of the charge sheet cognizance

was taken and the case was registered. Charge was framed

and explained to the accused in the language known to him

for which he pleaded not guilty and claimed to be tried. The

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prosecution has examined fourteen witnesses and got

marked Exs.P-1 to P-34 and MOs.1 to 12.

6.

The statement