The appellant being the accused has preferred this

appeal under Section 374(2) of Code of Criminal Procedure

(for short ‘Cr.P.C’) being aggrieved and dissatisfied with the

judgment of his conviction and sentence passed by the

Additional District and Sessions Judge, Bidar in Sessions Case

No.137/2013 dated 01.10.2014, convicting him for the

offences punishable under Sections 392 and 302 of Indian

Penal Code (for short `IPC’) and sentencing him to undergo

rigorous imprisonment for five years and pay a fine of

`25,000/-

for

the

offence

punishable

under

Section 392 of IPC and sentencing him to life imprisonment

not less than the life and fine of `20,000/- for the offence

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punishable under Section 302 of IPC with default sentence. It

is ordered that the sentences shall run concurrently.

2.

The brief relevant facts leading up to this appeal

are as under :

That the Police Sub-Inspector of Bhemalkhed Police

Station, Bidar has submitted the charge-sheet against the

accused for the offences punishable under Sections 302 and

392 of IPC based upon a complaint submitted by one

Khashim Ali S/o Mohammed Ali Alivale resident of the

address so stated in the complaint.

3.

It is alleged in the complaint that, complainant is

residing at Markunda Village, Taluk and District Bidar along

with his parents. His parents have got three sons and two

daughters and complainant is the eldest son. It is stated

that, the family of the complainant is possessing 12 acres of

land at Markunda-Shivar and his father Mohammed Ali S/o

Mastan Ali takes care of the same. As usual in the morning

hours on 10.03.2013, his mother Munibegum, aged 50 years

took the lunch to her husband i.e., father of the complainant

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at about 11.00 a.m., and went towards their land. His father

had gone to his land in the morning hours itself. Complainant

was in the village to attend funeral ceremony of one

Smt.Jaheerbi W/o Allauddin.

4.

It is stated that at about 2.00 a.m. one Saberali

S/o Ahamad Ali, the son of elder paternal uncle of

complainant called the complainant through phone from the

land and he informed that, the mother of the complainant

though left from the house with lunch to her husband, but

has not reached the land. Complainant became panic. His

brother Mehaboob also informed about not reaching of their

mother with lunch to their land. Therefore, complainant and

his brother started searching separately. When they were so

searching, went towards the land of one Rajkumar S/o

Nagayya Swamy, the resident of their village. There they

noticed on the katta of the land of Rajkumar of lying of dead

body of their mother Munni Begum. This fact was informed to

the complainant by his brother; it was about 6.00 p.m. on

that day. Complainant went to the said place and noticed the

injuries on his mother’s body i.e., on her right cheek,

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forehead, tongue, both ears and neck. It is noticed that by

using the deadly weapon by stabbing her, she appears to

have been killed. He noticed missing of her ear ornament

which were snatched and there was a tearing of her ear

lobes. So also the golden wedlock, gold and silver ornaments

worn by the deceased were found missing. It is alleged that

some unknown persons might have committed dacoity and

murder on the person of the deceased.

5.

The complainant informed this fact to his friend

Iqbal Sharif through telephone. The said Iqbal Sharif came to

the spot and informed to the Police Sub-Inspector of

Bhemalkhed about the incident through telephone. On

receipt of the information, police came to the spot. At that

time, there was heavy rain fall and storm. Therefore, at the

advice of the police, they shifted the dead body to

Mannaekhalli Government Hospital. Thereafter, complainant

submitted a computerized complaint before PW.15-Suresh

Mallppa Bhavimani the then PSI of Bhemalkhed Police Station

as per Ex.P.4. This PW.15 on receipt of the information at

7.00 p.m. visited Markunda Village, noticed dead body and

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since it was raining, he shifted the dead b