HAJI MOHD IQBAL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal viz. Criminal Appeal No. 251 of 1989 and its sibling. Criminal Appeal 428/89 arise out bf and are directed against the judgment and sentence passed by the learned AddI. Sessions Judge, Mysore in S.C. 22185 on the file of that Court.

(2.) There in six persons stood their trial having been indicated for the offence of having committed the murder of one Imrana Begum and thereafter having attempted to conceal evidence of the said murder. The aforesaid accused persons had a barrage of charges to face are connected with the death of Imrana Begum. The Investigation into the charges against those people was initially in the hands of the police of the Mandi police station and was subsequently picked up by the Core of Detectives (C.O.D.T) who concluded the investigation and filed a charge-sheet against all the six accused for the offence of murder and other allied offences.

(3.) At the trial the prosecution examined 23 witnesses and marked 26 documents which are at Exs. P 1 to p 26 apart from producing 5 Material Objects (M.Os. 1 to 5). On a consideration of material, both oral and documentary, the learned Sessions Judge took the view that out of the several accused arrayed before him, A2-Haji Mohamed Iqbal alone was responsible for causing the homicidal death of Imrana Begum and regard being had to the nature of the injuries sustained by her for which he held A-2 alone responsible, he was further of the view that the offence committed in that behalf was clearly one of murder. Apropos second charge of suborning of evidence relating to the commission of murder punishable under Section 201 I.P.C. the learned Judge found that the said charge was on the evidence not sustainable and, therefore, did not find it appropriate to convict the said Accused No. 2- Haji Mohamed Iqbal of the aforesaid offence.