TAUSIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the petitioner/accused No.6 under Sec. 397 of the Criminal Procedure Code (for short 'Cr.P.C') for setting aside the order of dismissal quashed by the Trial Court in Sessions Case No.5005/2021 pending on the file of V Additional District and Sessions Court, Dharwad for having dismissing the application filed under Sec. 227 of Cr.P.C.

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader.

(3.) The case of the prosecution is that on the complaint filed by one Ganapathi Habib who is the brother-in-law of the deceased, before the Police alleging that the deceased was committed murder by some unknown persons due to which the Police investigate the matter and arrested the petitioner and also some other accused persons and remanded to judicial custody. The further case of the prosecution is that the accused No.4 said to have developed the property by making plots and let out and sold to the various customers, the appellant is one of the customer amount them. Subsequently, the deceased-Ramesh who had filed a civil suit against accused No.4 and others stating that they have using the property and also gave application to the BESCOM to disconnect the electricity power and water supply given by the villagers. The use of the land requested the accused No.4 for settling the issue when they all approached the accused No.1. The accused No.1 said to have collected Rs.25.00 lakhs and requested the deceased to receive the money and settle the issue. When the deceased refused to settle the issue and also refused to receiving money, then the accused No.1 along with accused Nos.2, 3 and 6 hatched the plan to commit the murder of deceased by receiving Rs.25.00 lakhs as contract or supari. Accordingly, accused No.2 said to have paid Rs.80,000.00 to accused No.1 as advanced supari amount to commit the murder of the deceased and remaining Rs.24,20,000.00 shall be payable after commission of murder. Subsequently, the accused No.1 and his brother accused No.3 went to the house of accused No.6 the present petitioner who is the relative of accused Nos.1 and 3 and then went to the office of accused No.5-Fayazahmed at Gokul Road, Hubballi, where they all hatched the plan to commit the murder of deceased. Accordingly, the petitioner/accused No.6 said to have received Rs.50,000.00 as share and subsequently on 25/11/2020, accused Nos.3 and 5 said to be watched the accused No.1 said to be committed the murder by stabbing the deceased and accordingly they all executed their plan. Subsequently, the Police investigate the matter and filed the charge sheet. The petitioners filed the application before the Sessions Judge for discharging Sec. 227 of Cr.P.C., which came to be rejected. Hence, the petitioner is before this Court.