ABDUL RAHAMAN Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted of an offence under S.302 IPC and sentenced to undergo imprisonment for life by the learned Sessions Judge, Dharwar, in SC. No.82 of 1971. In this appeal, he challenges the legality and correctness of the said conviction and sentence passed on him.

(2.) The prosecution case briefly stated is as follows : PW.2 Pyarijamrud, is the daughter of PW.25 Shaik Hennur. They wera residing in Kirloskar Labour Colony at Harihar. PW.3 Ramprasad was also employel in Kirloskar Factory and was living in the same Colony. Deceased Satyanarayan was the son of PW.3 PW.2 Pyarijamrud had appeared for SSLC Examination and failed in some subjects. Satyar narayan had appeared for his BA Examination and had also failed in some subjects. Satyanarayan was giving tuition, and PW.25 asked him to give tultion to his daughter PW.2, her younger brother and younger sister. Satyanarayan was accordingly giving tuition to the children of PW.25. The prosecution case is that acquaintance between PW.2 and Satyanarayan, developed into intimacy. On 8-4-1971, PW.2 and Satyanarayan decided to go away from their houses and they accordingly left Harihar for Bangalore at 1 p.m. After staying for some days in Bangalore, the young couple returned to Hubli on 12-4-71 by a train with the idea of proceeding to Bombay. After they got down at Hubll, they stayed in Modern Lodge. A relation, of PW.2 Rijuvan saw Satyanarayan at Hubli. Tereafter as they scented some trouble, they vacated Modern Lodge and went to Woodlanda Lodge and stayed there on the 12th night. On the 13th, they decided to go over to Poona by the night train and came to the Hubli Railway Station at about 10 p.m. At the railway station, to their surprise, they found the accused Abdul Rahaman the maternal uncle of PW.2, and two others, Sayyad Makbul and Mohammed Khasim. The accused caught hold of the hand of PW.2 and asked her to return home, but she refused. Satyanarayan, stated that PW.2 got married to him at Bangalore and caught hold of hand of PW.2 and pulled her. Seeing the quarrel going on in the railway station, PW.11 Railway P.C. Nimbalkar came there and after making enquiries, took all of them and produced them before PW.26, Railway PSI Kottagi. The PSI questioned them and directed the accused to send a message to the parents of the girl and get them by 8 a.m., the next morning. He also directed that PW.2 should sleep in his office along with a lady Constable and Satyanarayan was made to sleep in the hall outside the office. P.W28 handed-over the charge of the Police Station at 0-30 hourg on 14-4-1971 to PW. 15, Head Constable Krishnaji, and went to his house. The prosecution case is that the accused and two others sat on the benches outside the Police Station. The accused thereafter went to the Post Office and sent a phone message to PW.25 Shaik Honnur, father of the girl, to come over to Hubli. When this phone message was received at Harihar, it was overheard by the Duty Jamadar of the Factory and. he conveyed this message to PW.3 Ramaprasad, father of Satyanarayan. PW.25 Shaik Honnur and his party smarted to Hubli the same night by Deccan Express and reached Hubli at about 3-45 a.m. on the 14th morning. As PW.S Ramaprasad father of Satyanarayan wa,s indisposed, he sent PW.8 Burgaprasad, his brother-in-law, along with his two sons, to Hubli Station and they reached the Hubli Station at about 5-25 a.m.

(3.) The prosecution case is that after the Decean Express reached Hubli at about 3-45 a.m., and after PW.25 Shaik Honnur and his party had come to Hubli Railway Station and met the accused, Satyanarayan. shortly thereafter, requested PW.15 to take him to the latrine to answer calls of nature. PW.15 directed PW.16 Constable Rangannavar to take Satyanarayan to latrine. PW.16 took Satyanarayan to the latrine which was near the railway station and made him sit in one of the compartments in the latrine to answer calls of nature. Within 5 minutes, Satyanarayan, came out of the latrine with bleeding injuries and fall down near the steps of the latrine. Seeing this, PW.16 got frightened and ran to the Station House Officer PW.15 and informed him what had happened. PW.15 came to the scene and saw Satyanarayan lying with bleeding injuries. He called a rikshaw and sent Satyanarayan to KMC Hospital with PW.16 Constable Rangannavar. Thereafter, PW.15 sent for PSI PW.28, and held spot panchanama as per Ext.D2. PW.26 came to the scene of occurrence and thereafter took a complaint from PW.15, registered a case, in Crime No.32/1973, for an offence punishable under S.309 IPC against Satyanarayan and took up investigation. He then went to KMC Hospital and learnt there that Satyanarayan had succumbed to the injuries. He came back to the Police Station and gave instruction not to clean the lavatory till photos were taken. He then went to KMC Hospital and held inquest over the dead body of Satyanarayan and sent the dead body for post-mortem examination. He returned to the Police Station and seized the suit case and other articles which belonged to Satyanarayan, which was produced by PW.2 Pyarijamrud.