Crl.A.No.100129/2018

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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF JUNE, 2021

PRESENT

THE HON’BLE MR. JUSTICE R.DEVDAS

AND

THE HON’BLE MS. JUSTICE J.M.KHAZI

CRIMINAL APPEAL NO.100129/2018

BETWEEN:

1.

Mahammad Arif S/o Mahammad Yusuf Shaikh

Age: 21 years, Occ: Machanic,

R/o: Near APMC Gate, Malapur, Dharwad.

2.

Imran S/o Aslam Shimogga

Age: 21 years, Occ: Fruit Business,

R/o: Khadari Lane, Malapur, Dharwad.

3.

Suleman S/o Ibrahim Mummigatti

Age: 23 years, Occ: Painter,

R/o: Halbavi Lane, Malapur, Dharwad.

...Appellants

(By Sri.K. M. Shiralli, Advocate)

AND:

The State Of Karnataka

By Dharwad Sub-Urban P.S.,

R/By State Public Prosecutor,

High Court Of Karnataka, Dharwad Bench.

…Respondent

(By Sri. V. M. Banakar, Addl. SPP)

Crl.A.No.100129/2018

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This Criminal Appeal is filed under Section 374(2) of Cr.P.C.,

seeking to set aside the judgment and order of conviction dated

16.02.2018 passed in S.C.No.52/2017 by the Prl.District and

Sessions Judge Dharwad, for the offences punishable under

Sections 302, 120-B read with 34 of IPC, and to acquit the

appellants of the offences with which they have been convicted and

sentenced.

This appeal having been heard and reserved for judgment on

07.06.2021, coming on for pronouncement of judgment this day,

J.M. Khazi J., delivered the following:

JUDGMENT

Accused Nos. 1 to 3 have filed this appeal under Section

374(2) of the Code of Criminal Procedure challenging the judgment

and order of conviction dated 16.02.2018, in Sessions Case

No.52/2017, on the file of the Principal District and Sessions Judge,

Dharwad, by which they are convicted for the offences punishable

under sections 302 and 120B read with Section 34 of IPC. Vide the

impugned judgment and order, accused Nos. 1 to 3 are sentenced

to undergo life imprisonment and to pay fine of `5,000/- each for

the offence punishable under Section 302 read with Section 34 of

the IPC, in default of payment of fine, to undergo simple

imprisonment for one year. They are further sentenced undergo

rigorous imprisonment for a period of 3 years and to pay fine of

`5,000/- each for the offence punishable under Section 120B read

with Section 34 of IPC, in default of payment of fine, they are

Crl.A.No.100129/2018

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directed to undergo simple imprisonment for two months. All the

sentences are ordered to be run concurrently.

2.

For the sake of convenience, the parties are referred to

their ranks before the trial Court.

3.

The allegations made against the accused persons are

that, the deceased Manjunath and accused No.1 – Mohammad Arif

Shaikh were friends and about two months earlier to the date of

incident, the deceased Manjunath borrowed a sum of `50,000/-

from the accused No.1 and after about 15 days, he borrowed

additional sum of `1,00,000/- saying that he needed the said

money for buying a plot. It is further alleged that, even after two

months, the deceased did not return the money and when accused

No.1 insisted as to when he is going to return the money, the

deceased quarreled with him saying that he is not going to return

the money and slapped him. It is further case of the prosecution

that, on the same day, one Zuber Ahmad, who was the friend of

the deceased and who is the victim in the other case, i.e.,

S.C.No.53/2017, quarreled with accused No.1, abused him in filthy

language and demanded as to why he is repeatedly demanding the

money and gave threat that, if he goes on demanding the money,

Crl.A.No.100129/2018

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he is going to lose his life. It is further case of the prosecution

that, in this background, accused Nos. 1 to 3 conspired together to

cause the death of the deceased or else he and his friend Zuber

would kill them and with that intention, on 09.08.2016 in between

8.30 and 8.45 pm, while the deceased Manjunath was smoking

cigarette sitting on his motorcycle, at Malapur Circle, Dharwad, in

fr