6
eanhot be hidden inside the peeke--t.¢
the entire materials as menti°ene1ddA'a'b0'x>*e' is ..e:"eatihg
doubt regarding the invehieinent .tsf__ the and"
benefit of such doubt sh0g.}dVVV:A'iae"g1'_veh' tdtheiaeeused.
Hence in View of is no specific:
evidence thatpthe the knife from
his ease; is appearing to
be artifieiai.ta11;d;.,_theretdte'; that the appeal
may be a1iew'ed. _ _
.Lea1*1ie--d_p 'HCG__I3~-._submits that the evidence of
PWs.1At0u whd'ate.the_f'eyewitnesses is cogent and clear
and they havie that the accused had removed the
ian<;1'= hadtthaéked the deceased as to Why he had
and thereafter, he has stabbed
deceased.'-"tj--:S}adiq Pasha. The deceased has been
shifted to the hospital and that the
A 'dd' e'}id«enee ef the doctor PW4 Drfiharanappa proves that
the deceased has sustained injuries on his chest He
7 7
further submits that in View ..d'ire-ct-- .:_"e§,:e17;§itfieee
account of PWe.1 to 3, the ideritfity oifgthe
reiegates back. Howeiée-:_V:""PW.5" .D1:E;'e-:ikate'ei'i": has»
identified the knife in the hae that the
injury on deceased pffseiehi eaeieed by the knife
M03 produced'hefore"hi1ri;. that PWS.4
and 8 are.-vin't:iee_eee ijtohthe The argument of
the learned Coiine-e} foij.ith»e_'ap'-peilarit that the accused
was catig11at:':I:1o1d:f:A:by 'P. 3.1 to"'3'":is incorrect. PW.3 says
that after--aboL:t.__»'70()<to"8_COIsteps, the accused escaped
from hieouestody away towards Davanagere and
at the time' of ruiining accused was holding knife in his
. ThoughAVvPWVe.1 and 2 have accompanied the
hospital, they have not stated that they
hayie the deceased in their hands so that the
hioodvvetains of the deceased would have fallen on their
xWe'aring apparel. Hence, there is no discrepancy in the
"*ev*idence of witrieeeee and therefore, the order of
V' ""cor1victior: is iiabie to be confirmed. Hence? he submits
';»a
IO
as to why he abused his father on
irnrnediately, accused took
p()Ck€d and stabbed Sadio--.I§a~s%ha and"?
due to that, Sadiq Pas11aVAi.c.oii'ap's--ed atithe solace and
irnmediately he was Hospital.
A351" gwiflg Pasha, the
doctor :[}at/;anagei*e Hospital and
afterv§%ards"'*Vtitie}-35% Ambulance van with
Sadici: 'C__h--igateri Hospital Davanagere.
But onhtwhe succumbed to the injuries
anti' »ther'efo.re""'the 'body was brought back to
. it Bh'ara~ri'iasagaraiVflmdn the basis of the said information
the Bhaijarriasagara Police registered a case in Crime
for offence under Section 302 IPC against
the a.e__eused at 12.30 pm. and issued FIR. After
eo_riAiiucting the investigation, the police have filed the
eharge sheet against the accused for the offence under
Section 302 IPC.
ll
18. PW} -~ Md. ibrahim i_smVtahe
has reiterated the version given'-by 1n.111¢eo'::1p1é;1:1:
and has identified the satne....as E1xfl3'l_\i§hile"*vdepesing.l'
before Ccurt. He has statedm1=ega1jding"the ittcident of
13.11.2000
and 111:» en 14.11.2000
himself and the leaders the had gathered
near the shopilldf at about 11.00
am. He has also’ stated that .Vtl’1ey…h»ad summoned the
accused when the accused
reacltjeldmthew accused as to why he
has abt1s’ed ‘Ja1hja}tath”1»people. At that time, the
deceased alsc en-.q1A1ire’d” the accused as to why he has
ab:dsedA’:}1i,s father—.——«Then accused suddenly took a knife
‘ i’1.is'{§ant—-packet and stabbed on the left side chest
Then Sadiq Pasha sustained bleeding
he said ‘Awe’. His clothes stained with
bleed. in the crosswexamination, it is suggested that no
incident has happened as alleged by him and that
V’ “no such discussions were he/id regarding the Jarnayath
E7
witheut any intention to commit nn::de;%} and the VV ‘
learned Sessiens Judge f0und”xth’.at’the.
guilty of Causing culpable r;_tt’arn{)’n–n.t:ng to-‘
murder.
19. I have carefnh§?- the evidence on
record and alee’ the It is seen that
PV\/3.1 to incident and all three
of them :Vh.ai%eV;”‘:_Veqn Vdgthat the accused had
whenwthe deceased asked the
accueedias to had abused the father cf
deceasedD”‘The..eextidednce of PWs.4 and 8 further
ea’tab]§f;a1″1e_s that’t-he«’knife identified by the eyewfinesses
‘ _’€1’€d at the instance of the accused. PW5
.1’ias_«Afii’tther’.t’:etated that the death of the deceased was
hdm0cid;d:”” death. The FSL report produced by the
p1fcsectt’tien and marked as Ex.P12 states; that the knife
A’ ‘~_a’i:– attiele No.4 is stained with blood and EZXPIB further
_*iI1tZtiC?E3.{€fS that the bieed grenp in the knife and the bleed
19
any other cases and that incident has happened:’tn’L:’sf;s.r
of movements E arm of the opinion that the:_:se.1:1£e’nce»
imprisonment imposed on the 2;ccti’sed¥.is ondthey higher
side. It is seen that the accused i}vs.s in’Ve1A:stody’:.’t1*on:.yV
12.10.2000 to 22.6.2004 i.e”‘efof»about .;V3’ye’21rs?_8V’VVn1onthsVV
7 days. The accusedyytvas Vétftet the date
of conviction for a pe1’ji_ovdfI’he accused was
almost in’ 4 years. It is
and is responsible
for children. They are no
other against the accused. At
the; time xyhendthevn offence was committed, he was 21
hoy°«–aged about 22 years. Hence, I am of the
period of sentence already undergone
the “fine would be the just and proper punishment
2 .. Atfoifioffvence committed by him.
21; Accordingly, appeal is allowed in part. The
order of conviction for offence under Section 304 part –
20
H IPC is hereby confirmed and senteribe of
imprisonment imposed on the appeilant
the period already undergone and is direeteéi
as ordered by the Tried Court. }1’e.ord_;er the
payment of Compensation is a1s:{;.1§e;1§i’ , _ ”
§:;2;:ég§
nwj / VSK