EKBAL PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants were convicted by the learned I Addl. Sessions Judge, Mysuru, (hereinafter for brevity referred to as 'trial Court') in S.C. No. 302/2012, by the judgment of conviction dated 9.12.2013 and order on sentence dated 10.12.2013, for the offences punishable under Sections 307 and 324 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC').

(2.) The summary of the case of the prosecution is that the elder sister of the complainant (PW-4) Imran, is PW-5-Apsari. She is the wife of accused No. 2/appellant No. 2 herein and was married to him about one year prior to the date of the incident. Since she was subjected to cruelty for demand of dowry and was deserted by her husband while she was pregnant, she was living in her parents' house, where she gave birth to a baby girl. In order to enter the name of the said baby girl in the Below Poverty Line (BPL) Ration Card maintained in the family of said Apsari, which was required to avail the benefit under Bhagyalakshmi Scheme launched by the State Government, on 16.12.2011, at about 8.00 p.m., PW-5 - Apsari and mother, cousin brother, aunt, younger brother of said PW-5 Apsari, went to the house of the accused, which was also the matrimonial home of PW-5 and requested for the BPL card. The accused who were three in number, including the present appellants, at the abetment of accused No. 4, apart from refusing to give the Ration Card, also abused PWs.1 to 5 in filthy language, assaulted them making use of two machetes and inflicted multiple injuries and attempted to kill them. However, PWs.1 to 5 could able to escape from them and went to the hospital. In that connection, PW-4 (CW-1) Imran lodged a complaint with the respondent-Police on 16.12.2011, in the night at about 11.45 p.m., which was registered in the respondent-Police Station Crime No. 189/2011, against the four accused for the offences punishable under Sections 323, 324, 504, 114, 307 read with Section 34 of IPC.

(3.) After completion of the investigation, the police filed the charge sheet against all the four accused for the offences punishable under Sections 324, 504, 114, 307 read with Section 34 of IPC. Since the accused pleaded not guilty, in order to prove the alleged guilt against the accused, the prosecution examined twelve witnesses from PW.1 to PW-12 and got marked documents from Exs. P-1 to P-11 and material objects from MO-1 to MO-10 were marked. From the accused side, neither any witness was examined nor any documents were marked as exhibits.