MOHAMMED KAMALUDDIN @ SAYYED SAIDU vs STATE BY PUTTUR RURAL POLICE

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2022 Supreme(Online)(Kar) 53848

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07^TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON9BLE MR. JUSTICE S. RACHAIAH
CRIMINAL APPEAL No. 1300/2018
C/W
CRIMINAL APPEAL No. 1118/2017

CRIMINAL APPEAL No. 1300/2018

BETWEEN:
MOHAMMED KAMALUDDIN,
@ SAYYED SAIDU,
S/O ABDUL KHADER,
AGED ABOUT 33 YEARS,
R/AT MURIYALA HOUSE,
KARAYA POST,
URUVALU VILLAGE,
BELTHANGADY TALUK,
D.K. DISTRICT 3 574 221.
... APPELLANT
(BY SRI N.R. KRISHNAPPA, ADVOCATE)

AND:
STATE BY PUTTUR RURAL POLICE,
UPPINANGADI,
PUTTUR K.K.,

2
REP. BY ITS SPP,
HIGH COURT BUILDING,
HIGH COURT,
BANGALORE 3 560 001.
&RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DATED 22.02.2017 AND SENTENCE DATED 25.02.2017 PASSED BY
THE
V
ADDITIONAL
DISTRICT
AND SESSIONS
JUDGE,
D.K.,
MANGALORE, SITTING AT PUTTUR, D.K. IN S.C.NO.33/2013 3
CONVICTING THE APPELLANT/ACCUSED NO.2 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 449, 302 AND 392 READ WITH 34 OF
IPC. THE APPELLANT/ACCUSED NO.2 IS SENTENCED TO UNDERGO
LIFE IMPRISONMENT AND PAY FINE OF RS.3,000/-, IN DEFAULT TO
PAY FINE, HE SHALL FURTHER UNDERGO S.I. FOR 3 MONTHS FOR THE
OFFENCE PUNISHABLE UNDER SECTION 302 READ WITH SECTION 34
OF IPC. THE APPELLANT/ACCUSED IS SENTENED TO UNDERGO R.I.
FOR 10 YEARS AND PAY FINE OF RS.5,000/-, IN DEFAULT TO PAY
FINE, HE SHALL FURTHER UNDERGO S.I. FOR 5 MONTHS FOR THE
OFFENCE PUNISHABLE UNDER SECTION 449 READ WITH S.34 OF IPC.
THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 10
YEARS AND PAY FINE OF RS.5,000/-, IN DEFAULT TO PAY FINE, HE
SHALL FURTHER UNDERGO S.I. FOR 5 MONTHS FOR THE OFFENCE
PUNISHABLE UNDER SECTION 392 READ WITH 34 OF IPC. ALL THE
SENTENCES SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED
PRAYS THAT HE BE ACQUITTED.

CRIMINAL APPEAL No. 1118/2017

BETWEEN:
MOHAMMAD RAFEEQ @ RAFEEQ,
S/O M.Y. BASHEER,
AGED ABOUT 33 YEARS,
KARKALLI BANE HOUSE,
MASCOD POST,
NAGAROOR VILLAGE,

3
SOMAWARAPETE TALUK,
KODGU DISTRICT 3 571 236.
... APPELLANT
(BY SRI. N.R. KRISHNAPPA, ADVOCATE)

AND:
THE STATE OF KARNATAKA,
BY CIRCLE INSPECTOR OF POLICE,
PUTTUR RURAL CIRCLE,
UPPINANGADY,
PUTTUR 3 574 241,
DAKSHINA KANNADA,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU 3 560 001.
&RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DATED 22.02.2017 AND SENTENCE DATED 25.02.2017 PASSED BY
THE
V
ADDITIONAL
DISTRICT
AND SESSIONS
JUDGE,
D.K.,
MANGALORE, SITTING AT PUTTUR, D.K. IN S.C.NO.33/2013 3
CONVICTING
THE
APPELLANT/ACCUSED
FOR
THE
OFFENCE
PUNISHABLE UNDER SECTION 449,302 AND 392 READ WITH 34 OF
IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO LIFE
IMPRISONMENT AND PAY FINE OF RS.3,000/-, IN DEFAULT TO PAY
FINE, HE SHALL FURTHER UNDERGO S.I. FOR 3 MONTHS FOR THE
OFFENCE PUNISHABLE UNDER SECTION 302 READ WITH OF IPC. THE
APPELLANT/ACCUSED IS SENTENED TO UNDERGO R.I. FOR 10 YEARS
AND PAY FINE OF RS.5,000/-, IN DEFAULT TO PAY FINE, HE SHALL
FURTHER UNDERGO S.I. FOR 5 MONTHS FOR THE OFFENCE
PUNISHABLE UNDER SECTION 449 READ WITH 34 OF IPC. THE
APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 10
YEARS AND PAY FINE OF RS.5,000/-, IN DEFAULT TO PAY FINE, HE
SHALL FURTHER UNDERGO S.I. FOR 5 MONTHS FOR THE OFFENCE
PUNISHABLE UNDER SECTION 392 READ WITH 34 OF IPC. ALL THE
SENTENCES SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED
PRAYS THAT HE BE ACQUITTED.

4
THESE APPEALS COMING ON FOR HEARING, THIS DAY,
B. VEERAPPA J, DELIVERED THE FOLLOWING:-

The accused persons have filed these criminal appeals

against the impugned judgment of conviction dated 22.02.2017

and order of sentence dated 25.02.2017 made in Sessions Case

No.33/2013 on the file of the V Additional District and Sessions

Judge,

Dakshina

Kannada,

Mangaluru,

Sitting

Puttur,

Dakshina Kannada, convicting the accused Nos.1 and 2 for the

offences punishable under the provisions of sections 449, 302,

392 read with section 34 of Indian Penal Code (hereinafter

referred to as <IPC= for short).

It is the case of the prosecution that, the accused

No.1 is the resident of Karkalli, Bane House of Nagarror Village

of Somawarpete Taluk of Kodagu District and married to the

daughter of Puthumonu, resident of Kodankeri of Kodimbala

Village, Puttur Taluk. Accused No.2 is the resident of Muriyala

House of Uruvalu Village of Belthangady Taluk and married the

daughter of Mammunhi, resident of Kodengeri of Kodimbala

Village, Puttur Taluk, situated nearby the house of the wife of

the accused No.1. They came to know each other while coming

to their in-laws house and became close to each other. Accused

No.2 earlier supplied laterite stone and sand to one Baby @

Thomas while constructing his house in Sy.No.147/2 at Undila of

Kodimbala village and had good relationship with him. Accused

No.2 shared this fact with accused No.1 and also disclosed that

Baby Thomas and his wife Mary Thomas only two were residing

in the house. At that time, accused No.2 shared his financial

difficulties and hence, both in furtherance of their common

intention of gaining money wrongfully, decided to rob the golden

ornaments worn by Baby Thomas and his wife Mary Thomas. It

is the further case of the prosecution that, on 25.09.2012, they

brought the motorcycle of accused No.1 from his house at

Somawarpete bearing No.KA.09.L.3165 and while coming, they

purchased two knives from the market of Somawarpete and

reached Kodimbala at night 12.00 p.m. and by switching off the

motorcycle, pulled the motorcycle near the house of Baby

Thomas to park it there on the guise that motorcycle was out of

order. Then Thomas in order to drop them to their in-laws

house took them in his car bearing registration No.KL-10-T-

5009. Accused No.2 was sitting in front seat and accused No.1

was sitting in back seat of the car. Accused persons in

furtherance of their common intention, asked him to stop the car

at Bollur Cross and when he stopped the car, accused No.1

stabbed the neck of Baby Thomas on the right side by knife and

when he tried to escape, accused No.1 held him and pulled his

both hands back, at that time, accused No.2 stabbed the neck of

Baby Thomas, causing bleeding injury and thereby they

committed the murder of Baby Thomas and removed the golden

chain weighing about 34.600 grams, worth Rs.90,800/- from his

neck. Thereafter, they took the car to the house of said Baby

Thomas along with the dead body and parked the car at a little

distance from the house on mud road and trespassed into the

house of Baby Thomas, by pushing the door forcibly with an

intention to kill and rob the golden ornaments. Accused No.1

held Smt.Mary Thomas, wife of Baby Thomas and accused No.2

closed her mouth and stabbed with knife on her neck and

murdered her and removed her ear studs weighing 4.100 grams

and cash of 8,400/- from the cupboard, two mobile sets of Lava

and Nokia and thereby committed the offences punishable under

the provisions of sections 449, 392, 302 read with section 34 of

IPC.

PW.1 was working in the rubber plantation of

deceased persons since 1½ years prior to the incident. After

working till noon of 25.09.2012 and after talking with the

deceased persons, he went to his house. He returned to the

garden of deceased persons on 26.09.2012, at about 6.30 a.m.,

and he worked till 6.45 p.m., and he did not find Baby Thomas

and his wife Mary Thomas, as usually, by that time the deceased

persons used to extract milk from the cattle and doing garden

work,

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