State By Srinivasapur Police vs Akram Pasha on 5 April, 2010

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Karnataka High Court

State By Srinivasapur Police vs Akram Pasha on 5 April, 2010

Bench: K.Sreedhar Rao

IN THE HIGH COURT OF KARNATAKA AT 

DATED THIS THE 53th DAY OF APRIL zdio'    _

THE HON'BLE MR.JUsT1cE=.;{.sm%;EmgAR'RAD:--.___ 

AN!)
THE HON'BLE MR.JfJs'if1cE: Bfv-.-- §IN'i"O 
CRIMINAL N.r i";:4_3.9i'oF 2002 V

BETWEEN:

STATE BY':3R1Nt§tasApURV;§Oi;ic.E..7

 ....    A'  ...APPELLAN'I'

(By Sfi-;G.'-- BIr1A§)';~:;:e.1:  SPF J

AND}. _

 "  ._ 1  ' *AKR. AM PAéI%£A"' 'V

 S/Q.LA1?EsR1.AK;8ARsAJ3
~ T_TAe.Ee'3.1_':fEARs
  ;FL'J_iJR MiLL WORKER
 ' R/QFMULBAGAL ROAD
 SRINIVASAPUR

   00131

"gw/o.LATE SRLAKBARSAB
= AGED 69 YEARS.

   occ; 0001.13

R/OF.I\/IULBAGAL ROAD,
SRINIVASAPUR

3 PARVEEN
W/O.SRI.BASHU
AGED 39 YEARS
SUBHASH ROAD.

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SRINIVASAPUR TOWN  RESPONDEMSI   

(By Sri:M.B. RAMACHANDRA, AMICUS CUREAE o"':3',j'3..Ti'o 

MURTHY D. NAIK, AMICUS CURAIE  é '

THIS CRL.A FILED U/S. 37»8(1);'~ANo"ee{3)ie~c'R.r¥.[c., 

THE SPP FOR THE STATE PRAYING__T'O_ 
FILE AN APPEAL AGAINST"o'l'HE JUDGE/IETJTF  V8.;4.02--.f

PASSED BY THE PRL.  IN SC,No';_ 154/94,
ACQUFITING THE RESPONDEN'i'S/ACCUSED 1 To 3 FOR
THE OFFENCES pUN:sH.AeLE"U'/-.SS. "2498-A, 1'10," 302 R/W
34 OFIPC.   ;   

THIS APPEAL COMING oNi.,Foi:a.1oi§:3'E:RS THIS DAY,
K.SREEDHAR.vRAaO--tJ., QELNERED' I?OLLOWING:--

The  the prosecution discloses one
NasimaBegumfdeceasedﬁs'the wife of respondent No.1, who

is accused a"Nov_;o1ffo';* sIiort..A-1} before the Trial Court and V' .,res*oondent"t-Nos.2'Vand13 are accused Nos.2 and 3(for short A- hefore the Trial Court, who are mother and sister of The deceased was married to A--1 about 13/2 S months 'prior to the incident.

On 13.5.94: around mid-night A-1 came and o inforrned PW--1--rnother of the deceased that her daughter to has committed suicide by setting herseif on fire. PW-1 goes to the Scene, notices the deadbody. It is also learnt that one Chand Pasha and others in the iocality have made enquiries V herself on ﬁre. They also went and noticed the deadbody. In the inquest report also, there is reference to the fa§§t»._ti2at accused was taken to Mosque and there he _ he caused the murder. became suspected the»..character his wife.

4. The PM report disciosesthat death is hon;icidai.':';The ~' evidence of PW--4 with regard to of A42'-a.nd'v}:X--Li':becomes doubtful to be believed,' ;_s_i"nce, he te11sAAV;1 caused the murder and he doestnot and A--3. The evidence of PW--Zi' "the"-extent 'in.c,riIninate A-2 and A- 3 beccnies beiieved. However, his evidence with to .extr:a--judic-ialg...confession of A--i is credible. The said evidence'v..cie.g;riy':discloses that PW--4 and others a,_ccused'v---t-o"Mosque, where the accused before admits his guilt causing murder of his wife. Thefre is nciiinaterial in cross--examination of PW--4 to suggest that pubiicv confession is made by the accused in mosque on A account of coersion or fear of the mob. In the absence of defence, the evidence of PW--4 with regard to extra- iudicial confession is credible and can be relied on to base conviction in View of the ruling of the Supreme Court in Piara Singh Vs. State of Punjab reported in AIR 1977 SC 636/ 2274 and Madam Gopai Kakkad Vs. Naval Dubey reported in (1992) 3 SCC 204.».

5. The appeai is allowed~in~part. The order.--dt _ recorded against accused No} is VseVt--aside;""fh:ev o"rde'r_ of acquittal recorded against accusedV'»I'\E'osr_;2 d3..isr.'con'ﬁifI11et*:;,eAd Accused No.1 is convicted forco:<nmittirsg"offen.ce' of 113C and he is sentenced to for life.

Accused No.1 is committed" to 't.o_»s_e'rve the sentence. Fee to be paid. to Curiae for 'respondent No.1 at Rs.7,O(70/ll,Fee;to«V':té§e'paid"-to Curiae for respondent Nos.2 ar.1d'3 at State shalt pay the fee to Amicus VV A sd/-I .. ..... 14 Sd/3 JUDGE

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Karnataka High Court