Karnataka High Court
Sri Sardar Pasha vs State Of Karnataka By Gulpet Police ... on 27 July, 2009
Bench: K.Sreedhar Rao, C.R.Kumaraswamy
1 EN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 2775 DAY OF JULY, 2009 PRESENT THE HONBLE MR. JUSTICE K.sREEDHAR..§§Ad,1-L---I: _
AND THE HODPBLE MR. JUSTICE 0.732. :<;u§§Ai2A$§wAM2éfi;-E,EE__V E 7 Cr1.A. NO. 4'z5;_pF 27096' BETWEEN:-
SR1 SARDAR PASHAQ _ --< S/O. SYEI) ISMAIL, ' " * AGE: MAJOR, " .
R/A. HOUSE; F§.Q.23'7, " - .1 18? CROS23, f€§ADEENA %r»&*oHA::}L;A; DEVARAJEEv.A2§Ai~1 'L_I,.1,__ BANGALORE, ' ._ APPELLANT (BY Sm MAHESH '& vce;-E, ADVOCATE) IKARNATAKA,
-(BY SR1 <32 BHAVANI SINGH. SPF) A -HY GUEPESFV POLICE,
-_KOL.+.'§R." ' " ' R'ESP{)N_DENT "4"TH1S CRLA. IS FILED U/S 374(2) CR.P.C BY THE . ADVOCATE FOR THE APPELLANT] ACCUSED AGAINST THE JUDGEMENT DT.31~12-O5 PASSED BY THE 13.0., FTQ-IV, g E "KOLAR, IN S.C.NO.129/O2 - CONVICFING THE APPELLANT- ACCUSED FOR THE OFFENCE PUNISHABLE U] SS. 302 & 307 OF IPC AND SENTENCING HIM TO UNDERGO V IMPRISQNMENT ma L§FE FOR THE oF§=Lét§:::'Is:., PUNISHABLE U/S. 302 or {PC AND ;v{.Ir§f:f1__«_1_m_"
SENTENCING HIM TC} UNDERGO 12.1. FOR 5 \_{i3ARs"1:%'©R"------T '- THE OFFENCE PUNISHABLE U /s. 307 01:' I1?(.';.__B.§}T--§~if"If}iE'*< SENTENCES SHALL RUN CONCURR_F3N.TL'Y. j This appeal is coming on :'for1 '}:1ea° rinl g K BREED!-{AR RAO, J., deliveredfjxez foliawing: JUDGM§fiT ' The case of the figtat one Shameen Tafideceased) iS'"T'_lVZ'lvt":' They were magtried about '3-$"--§:1ci§i ént. The deceased in the \FJ6d1O{fi2xk ." and two sons. On
18.}2.2€301,' 'thzev with the deceased. and his chflcinzn viéitgél _ his indaws. PW1, PW6 and PW thr: decsased. PW15 is the mother of _the family members took food at 8.30 pm. d€:<:€;a$ed aicmg with the chfidmn slept V _ sepa:i%3tel3,%: mom. Around 1.39 a.m. in the: night the H H " g;.§r:e3asedV'c%ied ant} shoufing that her husbanci is assaulting her. PWE and other membtzrs woke up, the door is-;----i:'<::u:ac¥ baited fiom inside. They break open the door and " Entered the 1'(}CiIIL The accused was Wielding an inert}. rod cf/ assaulted on the head of the deceased. The aceused ___aIs0 assauits PW1 when he went to rescue the and others overpowered the accused and . deceased and PW} are taken to t11_eM"l1_ospit_a1"'iB§j:1e£iietely..e: "' The deceased was found dead. ;E}:1e informed the police. The the: ef 9 PW} in the hospital. PW1 had skull and two iacerated oflc "region and other on the left Ii'l1iddICAVV§ITl.gcr..'.V._'VFI:1C silnple in nature. The "L1J.€:'dCCEaS€d d1ed' on account; of :n:0--i' and i11tra----ca.mial hemorrhage and the death.
2.... f['he' 'a-ceased 'Es for committing ofiences " V. 12,13. for killing his wife and 307 IPC ibr murder of PW 1.
3. V. prosecution It-:}iet:i upon the fo1lowmg' "ciIt:111ns§ai;ces to prove the guilt of the accused:
The oral evidence of PW1, ewe, PW13 andPW15 to the efiect that the accused and the deceased slept in a separate mom, around 1.30 a.m. they heard the cries of the d that the 5' accused is assaulfiflg her. They" Woke up,1 thc _ door is found belted from inside, broke open. The accused Wielding ' * assauitsd the éeceased on the ':}:~;-1::z€§::a1$o u assauits PW} when he atlas: persons overpowerécl 'accixsééd .. was éetajned. _ _ a The wound cr:1'tif1cat'Vé' ¥?W}v"co§fit)ifiior.'-'fies the Vf':I"SiOI1 mgaxziigg By him and aiso ab<)'i1':fi of the incident. The nature .r3f.:._inji;£Ij§t.:?$ ""sg:.s£§.:i;;ed by PM men'tiQ':;;§rJ. iI:1*._t]:1r§: rftirfiiiézate cormbozates ' ""1T:iSvi§€IS:i€:21.-
Tim: .§;fC'r;'.7T¥'(3'b.0I'at{3S the': version that the " udéath' iii.- 3 h{1;i3.?§_iCiC.i'8l death and on account of fr';--1<:t~.=.ué intracarnial hemorrhage. 5=7"1'T"heV'V';<;;g':'0sr:'V:¢;1V:{t'i£5£fi varsien that '£116 deceased refused :E1;;%\§e= therefore, the accused got enraged ané. cafificfii hay: by assaulting with iron I'O{i. The trial C0131':
. an the bé$is of the abave: circumstances has convictaci the for the offance ptmishabic :1/3 302 and 3!}? IPC. accuseé is in appeal.
The counsal for the aiapeflant stmnuously subtfiitted that the wimesscs examined by 'dim prosecutigzl C£7// are all interested witnesses. There is no independent corpoboratioxl. The accused had also sustained he is examined in the eame hospital around _ trial court has not explained the injuries on dd genesis of the incident is not pmpefly The» of oonvicfion of the accusedyu/he accused at the most may '- for ofience punishable u/s 304 Part?!
5. The couhsei submits with reference to the of the effect that he has I'€C§'f3iV8_d.' iixeseesge in the house of PW} quarrel is #:2214311' g pleeeg" he 'goesd:.dio':3ee11e, the injured were already taken; to The was detained in the house.
. ."i'l;eV"e:3eciisa=:d oiéodvsustained injuries. PW22 sent the I medieal examination.
A Ethomugh eorxsideration of the evidence we find. thevveeeueed has also sustained injuries and he treated hospital around 3.20 sun. and that the injuries foend on the accused is only a laceiated Wound on the right parietal region measuring 2X1/4". The injury is neg]jg'b1e 4/ ané sixnple in nature. While PW1 and ethers Vt«3_._ overpower the accused, there is possibihty caused and it cannot be helci that titre: j in the course of the asséult. The' evieiettee of fie get the message that there was There is no categorical that tlierewas an aitercation and the accusetdt that quarrel.
The evidence of « E5 elinchingly establish u1a:"ii§»¢:--. taulfler by deliberate assault with 1"0c*1~.j'.V»"i*3V'Vte«' itljlfirg on PW1 aise strongly eonoboleates incident. In that View of the matter,u£1eA Qrzter enfivicfion of the accused 12/ 3 302 .. for the his wife is sound and pro§er, does ' ' V _ not fer Ainfefferenee.
._ to the efience committed against PW}, it is V _ to betheeeiéti in the wound certificate PW}. has sustained
-eufilyteesitngjie injuries. The order of conviction fer an ofienee e.1'31'1j;éi§si1eb}e 11/ s 3117 IPC is bad in law, the same is set aside. 'TE;-ei accused is convicted 11/3 324 EPC and sentenced to sufiler £21. for a period of three months and fine of in defauit to suffer 8.}. far a period of 2 months. V The order of conviction of imposed in respect of the 11/ s " " Vv The order of convictionVa i1't#'.lV:VV.':1cnt(:v.1:1<333_'férgthe offence punishable 11/ is fiéf to Sec. 324 IPC. The accused is punishablt 11/8 324 3190 am 3;." period of three months am" default to suifer SI. for 2:' I 'i$i§I§.it;§.""'V;%¢§;:o1dingIy, the appeal is partly ahovp.
sa/4 JUDGE 315962 5;