High Court Karnataka High Court

Syed Usman @ Usman vs The State Of Karnataka Rep By Its … on 27 May, 2011

Karnataka High Court
Syed Usman @ Usman vs The State Of Karnataka Rep By Its … on 27 May, 2011
Author: B.V.Pinto
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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

 

 



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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.



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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

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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

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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 –

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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