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HIGH COURT OF KARNATAKA
B. VEERAPPA, K.S. HEMALEKHA, JJ
PEER KHAN – Appellant
Versus
STATE BY SAGAR RURAL POLICE – Respondent
| Table of Content |
|---|
| 1. facts of the case and circumstances. (Para 2 , 3 , 4 , 5) |
| 2. court's considerations on evidence and arguments. (Para 11 , 12 , 13) |
| 3. linking the circumstantial evidence to the accused. (Para 15 , 17 , 18 , 19 , 20) |
| 4. application of section 27 of the evidence act. (Para 21 , 22) |
| 5. determining culpability and considering provocation. (Para 24 , 25 , 26) |
| 6. final order and decision of the court. (Para 27) |
JUDGMENT
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 father Peerkhan-accu
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