ABDUL MUJEEB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under Section 439 of Cr.P.C., the petitioners are accused No.2, 3 and 5, respectively, in the charge sheet filed pursuant to FIR in Crime No.99/2020 registered by the respondent-police for the offences punishable under Sections 143 , 120B , 302 and 201 read with Section 149 of IPC.

(2.) Heard both sides.

(3.) This case pertains to homicidal death of a woman by name Azra Banu, the wife of the first accused. The death occurred on 20.04.2020. In the complaint made by the father of the deceased it is stated that at about 2.10pm on 20.04.2020, the first accused made a call to the complainant and informed about the death of his wife due to fall into a tank. Immediately the complainant and others went to the place, they removed the dead body and as they came to know that the deceased fell into the tank accidentally, they buried the dead body thereafter. Then the complainant took the minor children of the deceased to his house. On 02.06.2020, when the complainant made a complaint to the police, he stated that the eldest son of the deceased, namely, Umar Ali, disclosed before him that his mother was thrown into the tank by his father and uncles. On receipt of this complaint, the police sought permission of the Executive Magistrate and exhumed the dead body; post mortem was also conducted. But the doctor could not give any opinion with regard to cause of death. It appears that the investigating officer recorded the statement of eldest son of the deceased. He stated that he gave a statement that his father and uncles threw his mother into the tank and thereby death occurred. He was also produced before the Magistrate to give statement under Section 164 of Cr.P.C. He gave statement in the same manner before the Magistrate.