JABEE @ JABEEULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE present appeal is filed by Accused no.1 on his conviction for an offence punishable under Section 307 of the Indian Penal Code, 1860 (Hereinafter referred to as the IPC, for brevity), and having been sentenced to undergo rigorous imprisonment for a period of 7 years and a fine of Rs.20,000/ -.

(2.) IT was the case of the prosecution that the present appellant arraigned as Accused no.1, along with Shafi, Ashraff, Annu and Amir Jan, Accused no. 2 to 5, respectively, had formed themselves into an unlawful assembly and with a common object to commit the murder of one Syed Ismail, on account of previous enmity, since it was alleged that one Firoz, son of Amir Sab of Mindahalli had taken away a Harijan girl called Savi of Elavaguli village and in this regard Syed Ismail had actively helped Firoz. It was alleged that Accused no.2 to 5 had actively instigated and abetted Accused no.1 to attempt to commit the murder of Syed Ismail.

(3.) IT was alleged that on 23.8.2008 at about 2 PM, near Mindahalli, Malur taluk, while Syed Ismail was on the land of one Makery Sab, - Accused no.1, had, at the instance of Accused nos.2 to 5, attacked Ismail with a dagger and had caused injuries on his head, left jaw, right side of his chest, left forearm, left index finger and his abdomen. This was with an intention to kill Ismail. Though Ismail had survived the attack, as the same could have resulted in his death, if not for timely medical aid, the appellant was accused of having committed offences punishable under Section 307 read with 149 IPC as well as under Section 107 read with 307 and 149 IPC. The case having been registered and later committed to the trial court, on the submission of a final report by the police before the jurisdictional magistrate, the trial court had framed charges to which the accused had pleaded not guilty and claimed to be tried. The Prosecution had then examined 8 witnesses and got marked several documents and material objects. After having recorded the statement of the accused under Section 313 of the Code of Criminal Procedure , 1973 (Hereinafter referred to as the Cr.PC , for brevity), and after having heard the parties, the court below had framed the following points for consideration :