MOHAMMAD MAAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.3 and 4 in Crime No.73/2023 registered by Udayagiri Police Station, Mysuru City for the offence punishable under Ss. 302 and 120B read with Sec. 34 of IPC are before this Court under Sec. 439 of Cr.P.C. in these two petitions.

(2.) Heard the learned Counsel appearing for the petitioner and learned High Court Government Pleader for respondent-State.

(3.) Complainant-Fayaz Ahamed had approached Udayagiri Police station on 8/5/2023 and submitted a typed complaint, based on which, FIR in Crime No.73/2023 was registered against Syed Manan and three others for the offence punishable under Sec. 302 read with 34 of IPC. The petitioners were arraigned as accused Nos.3 and 4 in FIR. In the complaint, it is averred that, the complainant was residing along with his second wife Dr. Lalitha and son-Mohd. Javeed Ahamed born to the second wife. The complainant's first wife Arifunnisa was residing separately along with her children and grand children. Accused No.1 is the son of Arifunnisa's daughter. Accused No.1 was allegedly in bad company and along with his friends, he used to roam around and spend money and therefore, he constantly made demand for money in his house. Accused No.1 allegedly knew that the complainant's son, Mohd. Javeed Ahmed, used to stay alone in the house when his parents were out. At about 9.45 p.m. on 8/5/2023, the complainant received a phone call from his wife, Dr. Lalitha, who informed him that their son was not picking up the phone. Therefore, the complainant went to the house and found that the door was locked from inside. Therefore, the door was forcibly broken and when the complainant went inside the house, he found his son's body lying in the house and the accused persons who were hiding inside the house allegedly ran away. Though complainant's son was shifted to the hospital, he was declared dead in the hospital and therefore, the complainant had approached the police and lodged a complaint.