SALEEM PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 13.10.2011 passed by the II Additional City Civil and Sessions Court, in SC.No.611/2010 convicting the accused-appellant herein for the offence punishable under Section 302 of IPC is appealed against by the convicted accused.

(2.) Case of the prosecution in brief is that money transaction existed between the accused and the deceased; quarrel had taken place prior to the incident in question, i.e., on the day of Shivarathri festival with regard to money transactions; the quarrel was pacified at the intervention of PWs.3, 8 and others.

(3.) Since accused No.2-Khalim @ Khalim Pasha who was a juvenile during the relevant point of time, the case against him was split up and was referred to Juvenile Justice Board for trial and consequently, the trial went on only against accused No.1-appellant herein for the offence punishable under Section 302 of IPC and for the offence punishable under Section 3(2)(v) SC and ST (Prevention of Atrocities) Act.