FIROZ KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant was Accused No.1 before the Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (for short, 'trial Court'), in SC No.5044/2013. He was convicted vide judgment and Order of Sentence dated 21.01.2015 for the offence punishable under Sections 498-A and 302 of IPC. He was sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/- for the offence under Section 302 of IPC with default sentence of three years imprisonment. He was also convicted for the offence punishable under Section 498-A of IPC and sentenced to undergo imprisonment for two years and to pay fine of Rs.5,000/- with default sentence of S.I. for three months.

(2.) We have heard the arguments of Sri. Hashmath Pasha learned Senior Counsel for the appellant on behalf of Sri. Kaleem Sabir, Advocate and Sri. Honnappa, the learned HCGP for the RespondentState. We have carefully re-evaluated the entire oral and documentary evidence on record.

(3.) Initially the respondent-Police have laid chargesheet against five accused persons viz., the appellant herein and as well as other four accused, who are close relatives of this appellant ie. his father, mother, brother and sister of the appellant. The trial Court acquitted the other accused persons of the offences alleged against them for want of adequate and sufficient evidence and convicted the appellant solely on the basis of the dying declaration of the deceased marked at Ex.P18 recorded by PW.18 in presence of the Doctor (PW.19).