KARNATAKA HIGH COURT
C. S. Puttarangashetty, J
Shabbir Yakub Sab v. State of Karnataka
| Table of Content |
|---|
| 1. introduction of appeal and case background. (Para 1 , 2) |
| 2. description of the incident leading to injuries. (Para 3 , 4 , 6 , 16) |
| 3. evidence and statements from witnesses. (Para 5 , 18 , 19 , 21) |
| 4. arguments by defense regarding inconsistencies. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. discussion on the reliability of dying declaration. (Para 39 , 40) |
| 6. final order of the court. (Para 43 , 44) |
1. This appeal is filed by the appellant / accused being aggrieved by the judgment of conviction and order on sentence dated 01.01.2013 passed in Sessions Case No.73/2012 on the file of Additional District and Sessions Judge at Bellary for the offence punishable under S.304 - ii of Indian Penal Code (for short 'IPC').
2. The ranks of the parties in the Trial Court will be considered henceforth for convenience.
3. Brief facts of the case:
It is the case of the prosecution that the deceased Smt. Ruksana and the appellant are husband and wife. The couple had three children. The appellant was running an auto for his livelihood. On 28.09.2011, the appellant started quarreling with his wife as he she had borrowed a sum of Rs.100/- from the neighbour. The deceased in order to threaten the
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