IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.513/2018 BETWEEN:

SAJJAD KHAN AGED ABOUT 32 YEARS S/O EQBAL KHAN R/AT NO.24, GROUND FLOOR ALI BUILDING, 12^TH CROSS B.M. LAYOUT, VENKATESHPURA ARABIC COLLEGE POST BENGALURU-560045. … APPELLANT (BY SRI. N.S.SAMPANGI RAMAIAH, ADVOCATE, APPOINTED AS AMICUS CURIAE, VIDE COURT ORDER DATED 22.01.2026)

AND:

THE STATE OF KARNATAKA BY K.G.HALLI POLICE STATION BENGALURU-560045 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 10.01.2018 AND SENTENCE DATED 18.01.2018 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-60) IN S.C.NO.158/2015 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 04.02.2026 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

This appeal is filed challenging the judgment of conviction and sentence dated 10.01.2018 and 18.01.2018 passed in S.C.No.158/2015 by the LIX Additional City Civil and Sessions Judge, Bengaluru City for the offence punishable under Section

302 of IPC.

2. Heard the learned Amicus Curiae who appears on behalf of the appellant and also the learned Additional SPP appearing for the respondent/State.

3. The factual matrix of case of prosecution before the Trial Court that the accused was residing in the house bearing Corporation No.24, situated at 12^th Cross, Bharath Matha Layout, Kadugondanahalli, Bangalore, in ground floor as a tenant. In the first floor of that house, PW3-Fareen Taj and her husband Abdul Javeed were residing as tenants. The owner of the building was residing in a separate house in different place. The deceased - Sadiq Sharief, aged 28 years, was the family friend of Fareen Taj and Abdul Javeed and he was residing with his wife and children in different address near the house of Fareen Taj. Sadiq Sharief was visiting to the house of Fareen Taj oftenly as he was their family friend. The accused was not tolerating the visit of Sadiq Sharief or anybody to the house of Fareen Taj.

4. It is further case of the prosecution that on

13.09.2014 at about 11.30 p.m. Sadiq Sharief left his house and came to the house of Fareen Taj as Fareen Taj and her husband called him over phone. When Sadiq Sharief was going to the house of Fareen Taj by climbing the stairs, the accused who was residing in the ground floor picked up a quarrel with Sadiq Sharief and questioned his visit to the house of Fareen Taj. Having heard the sound of quarrel, Fareen Taj and her husband came to balcony of their house. The accused in order to kill Sadiq Sharief, stabbed him with knife and Sadiq Sharief tried to escape by running towards the road situated in front of the house of the accused. Then also the accused chased him and again stabbed with knife. Hence, Sadiq Sharief sustained grievous injuries and fell down on the ground. This act of the accused has been witnessed by both Fareen Taj and also her husband Abdul Javeed. Fareen Taj immediately informed the wife of Sadiq Sharief over phone at midnight about 12.04 a.m. about the incident. The incident took place about 11.45 p.m. Thereafter, the brother of Sadiq Sharief by name Siddiq Sharief and wife of Sadiq Sharief by name Seema Sharief reached to the spot and Sadiq Sharief was alive at that time. Thereafter, Siddiq Sharief, Seema Sharief, Fareen Taj and her husband Abdul Javeed taken the Sadiq Sharief to Ambedkar Hospital for treatment in an auto. The medical officer of that hospital given the treatment and declared the death of Sadiq Sharief a