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Flames of Suspicion: Karnataka HC Upholds Life Term in Grisly Petrol Murder
In a stark affirmation of eyewitness reliability and the weight of dying declarations, the dismissed a on , upholding the of Asif for murdering Imran Ali by dousing him in petrol and setting him ablaze. Delivered by a bench of Hon'ble Mr. Justice H.P. Sandesh (for himself) and Hon'ble Mr. Justice Venkatesh Naik T , the ruling rejected claims of flawed investigation and inconsistent testimony in No. 2072 of 2023 .
Jealousy Ignites a Deadly Attack
The tragedy unfolded on , around 9:30 a.m., outside Ameen Ambur Dam Biriyani tea stall near Bharat Petrol Bunk on Nagavara Main Road, Bengaluru—within limits. Asif, suspecting an illicit affair between his wife Shaheda Khanam and Imran Ali (an interior decorator entrepreneur working under her), arrived with a plastic can of petrol. Eyewitnesses saw him pour the fuel on Imran and ignite it with a matchbox before fleeing. Imran, suffering 40-45% burns, lingered for four days, succumbing to septicaemia on .
Police registered the based on Imran's initial statement (Ex.P6), recorded by the Investigating Officer (PW13) in the presence of a doctor (PW10) who confirmed his fitness to speak. The trial court () convicted Asif under on , sentencing him to life with a Rs.5,000 fine.
Defense Challenges Flame the Doubt
Asif's counsel, , argued the trial court erred in relying on "interested" eyewitnesses (PWs 1-3,15—relatives—and inconsistent independent PW4). He highlighted investigative lapses: no CCTV footage despite eyewitnesses' presence, unseized motorcycle (with alleged pillion rider), no petrol purchase trail, and death blamed on water-dousing blisters rather than burns. Absent prior knowledge of Imran's location, no murderous intent existed—urging acquittal or sentence reduction. Motive of infidelity was unproven, he claimed.
Prosecution Fans the Flames of Evidence
High Court Government Pleader countered fiercely. Ex.P6 qualified as a voluntary , backed by the doctor's testimony. Eyewitnesses (PWs 1-4,15) consistently described the attack; PW2 wasn't even cross-examined. PW8 (Asif's wife), PW7 (Imran's wife), and PWs 5-6 confirmed Asif's suspicions, proven via panchayat. FSL report (Ex.P13) detected petrol residue on the seized can (MO). (Ex.P7, PW11) linked death to burns-induced septicaemia. Intent was clear: premeditated fire attack.
Bench Scrutinizes Every Spark
The court meticulously vetted the , cautioning against mechanical reliance ( State of Gujarat v. Jayrajbhai Punjabhai Varu , (2016) 14 SCC 151). Yet, Ex.P6 held firm—voluntary, truthful, doctor-certified ( Gulab Singh v. State of U.P. , 2004 Cri LJ 946). Eyewitnesses withstood cross-examination; their presence and account undisputed. Motive solidified via unchallenged testimonies. Lapses like missing CCTV or bike seizure? Irrelevant against direct evidence. Intent? Undeniable from premeditated petrol-and-fire assault. Sentence commensurate with brutality.
Key Observations from the Bench
"The Court has to examine a scrupulously with a to find out whether the is voluntary, truthful, made in a conscious state of mind..."
"When available before the Court, the very contention... that the CCTV footage was not recovered... cannot be a ground and the same will not go to ..."
"The accused went to the spot with petrol can (bottle), match box, poured petrol and set fire on the deceased. Further, the deceased had knowledge that the burn injuries would cause death..."
Verdict: No Extinguishing the Conviction
The appeal stands dismissed. Asif's life sentence remains, fine intact. This ruling reinforces dying declarations and eyewitnesses as prosecution cornerstones, even sans tech evidence, in intent-driven murders. Future cases may cite it to prioritize human testimony over investigative gaps, especially in passion-fueled crimes— a fiery reminder of justice's unyielding burn.
