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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JUNE, 2021

PRESENT

THE HON’BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL APPEAL NO. 101/2017 (C)

BETWEEN

1.

MR.MOHAMMED ASIF

S/O MOHAMMD JAN

AGED ABOUT 29 YEARS

NO.29, 3^RD CROSS

AROGYAMMA LAYOUT

KG HALLI, BENGALURU.

2.

MR.IMRAN, S/O NOOR AHMED

AGED ABOUT 26 YEARS

EDIGA MOHALLA

NO.28, BEHIND NOOR MOSQUE

DEVARAJEEVANAHALLI

BENGALURU.

…APPELLANTS

(BY SRI HASHMATH PASHA, SR.COUNSEL FOR

SRI TEJAS.N, ADV.)

AND:

STATE BY RAJAJINAGAR P.S.

STATE PUBLIC PROSECUTOR,

BENGALURU, HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

…RESPONDENT

(BY SRI S.RACHAIAH, HCGP)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT

DATED 03.12.2016 PASSED BY THE LXIX ADDITIONAL CITY

CIVIL

AND

SESSIONS

JUDGE,

BENGALURU

IN

S.C.NO.618/2010 -CONVICTING THE APPELLANTS/ACCUSED

NO.1 & 2 FOR THE OFFENCES P/U/S 302, 201, 397 R/W 34

OF IPC.

THIS CRL.A. COMING ON FOR HEARING, THIS DAY

THROUGH VIDEO CONFERENCING, V. SRISHANANDA. J.,

DELIVERED THE FOLLOWING:

JUDGMENT

Accused persons who are convicted for the offence

punishable under Sections 302, 201 and 397 read with 34

IPC in SC No.618/2010 by judgment dated 3.12.2016 passed

by the 69^th Addl. City Civil and Sessions Judge, Bengaluru

City [CCH 70] have preferred this appeal.

I. BRIEF FACTS OF THE CASE:

2.

Brief facts which are necessary for disposal of the

appeal are that on 21.11.2009, a complaint came to be

lodged by the husband of the deceased to the jurisdictional

police at about 4.00 p.m., In the complaint, it is contended

that when he was in his shop doing business, he received a

call from one Hitesh that the door of the house of the

complainant is locked and mobile number of the wife of the

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complainant is switched of. He replied that some times, the

wife of the complainant used to put off the phone and she

may return around 1.00 p.m., when the children return to

the house after the school. So saying, he waited for some

time and thereafter, he decided to visit the house and he

came there. When he came there, he also noticed that the

front door of the house is locked and the mobile telephone of

the wife of the complainant was put off. Being suspicious

about the same, he peeped through the ventilator and found

that the wife of the complainant was found on the floor in the

room in a pool of blood. Thereafter, with the help of Hitesh,

he some how opened the door and went inside. When he

went inside, he found his wife in a prone position and

confirmed that she was no more. He noticed that a deep cut

injury in the neck region. Thereafter, he removed the ear

studs and searched the entire house as to possible theft of

articles, but he did not notice any such thing. The ornaments

found on the body of the deceased were in tact. He

entertained a doubt that somebody who is inimical to her, as

she was indulged in money lending business by use of a

weapon like knife committed murder of her and sought

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jurisdictional police to take action against the concerned.

The Rajajinagar Police, Beengaluru City, after registering the

case in Crime No.267/2009, investigated the matter. During

such investigation, police recorded the further statement of

the complainant on 22.11.2009, wherein the complainant has

expressed a doubt against accused No.1 as he was close to

the family and he also intimated the police that gold

ornaments which were kept in the almirah locker were

missing from the locker. Police thereafter, arrested accused

No.1 on 1.12.2009 and based on the voluntary statement

given by accused No.1, police recovered gold ornaments

from the well situated behind the house belonging to

accused No.1. He also during the course of voluntary

statement, narrated to the police about the involvement of

accused No.2 Imran, as such, the polic