SIRAJUDDIN ALIAS SIRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against a judgment, dated December 17, 1973, of the High Court of Karnataka, whereby it reversed the acquittal of the appellant and convicted him under Section 302, Penal Code. Briefly stated, the facts of the prosecution case were as follows :

(2.) For about one month prior to March 3, 1972, these four accused planned to murder the deceased and take away her cash and gold ornaments from her house. They were aware that Dawood Sab used to go away every morning from his house to attend to his work as Electrical Contractor and return by 9 p. m. and that P. W. 2 also used to go to Nijalingappa College every morning and return by 5-30 p. m. or so. The story further proceeds that these four accused persons were frequently meeting in a room in Everest Hotel and some other places to hatch their plan.

(3.) In the morning of March 3, 1972, which is the date of occurrence, Dawood Sab went to the Fuel Depot of Keshava, where P. W. 4, and P. W. 15 were working as fuel cutters and placed orders for supply of fuel to his house. At about 2-30 p. m., Dawood Sab again went to the Fuel Depot and paid the splitting charges and went away to attend to his work as Electrical Contractor. In compliance with the order placed by Dawood Sab, P. W. 4 and P. W. 15 took the fuel wood to Dawood Sab's house, but found the door closed. P. W. 4 called : 'Amma Amma'. Thereupon, accused 1 opened the door and asked P. W. 4 to store the fuel at a place shown by accused 1. P. W. 15 and P. W. 4 accordingly unloaded the fuel at that place and went back to the Fuel Depot. Accused 1 closed the door.