SHAFIULLA KHAN JUNGAL SHAFI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this appeal, the accused-appellants have sought to challenge the legality and correctness of the conviction passed on them.

(2.) Accused-appellants Shafiulla Khan at Jungal Shafi (A-1) and Saleem Afsar (A-2) were tried together by the IV Additional Sessions Judge, Bangalore City, in S.C.No. 75 of 1984. While A-l was charged with the commission of the offence of murder and simple hurt punishable under Sections 302 and 324 I.P.C., A-2 was charged with the commission of abetment of murder punishable under Sections 302 R/W 109 IPC. A-1 is found guilty of the offence under Sections 302 & 324 IPC and sentenced to suffer imprisonment for life and R.I. for 2 years with a fine of Rs.2,000/-, and in default of payment of fine to undergo R.I. for 6 months, with a direction further that the substantive sentences shall run concurrently. A-2 is found guilty of the offence under Sections 302 R/W 109 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, and in default of payment of fine to undergo R.I. for 3 years; out of the amount collected l/3rd being payable to PW-1, 1/3rd to the parents of the deceased Imtiaz and the remaining l/3rd of the amount going to the State. ... 2a towards the window of the house of PW-1 and challenged him and his wife to come out of the house to face the assault and at the same time questioning him as to why he had brought people of Kumbarpet to take money and warned of the dire consequences if he again came with those people. PW-1 could not dare come out. The next day morning, i.e. on 3rd June, 1984, when PW-1 came out of his house with a view to go to market, A-2 was standing outside his house. When PW-1 questioned him of the behaviour of A-l on the previous night, A-2 told him that he would see how he (PW-1) would take money due to him. PW-1 therefore instead of going to market went straightaway to the house of deceased Imtiaz at Kumbarpet and narrated before him all that had happened on the previous night and how A-2 had also showed his mind not to pay the money. Deceased Imtiaz and PW-3 asked him not to lose courage and assured him that they would again tell A-2 to pay the money due to him and accordingly went with PW-1 towards the house of A-2 at Mavalli. After reaching Mavalli, while deceased Imtiaz and PW-3 stood on the footpath near the mosque, PW-1 went to the house of A-2 to call him. When A-2 came out of the house and went up to the place where deceased Imtiaz and PW-3 were standing on the footpath, the deceased questioned him as to why having promised to pay the money he had instigated A-l to create galata on the previous night. A-2, without replying him, called A-l who was coming there on the road and told him that PW-1 had come with rowdies of Kumbarpet and asked him to take care of them and went to his house. Thereafter, when deceased Imtiaz and PW-3 tried to advise A-l, A-l started abusing them and when the deceased questioned him as to why he was so abusing, A-l, it is the prosecution case, took out a knife and stabbed on his left-side face, forehead, left-side chest and body. When PW-3 intervened and tried to snatch the knife, A-l stabbed him also on the left- side neck. In the meanwhile, when Traffic Police Sub-Inspector PW-18 K. Rajagopal and P.C., PW-17 Puttaswamy came there, A-l went away running with the knife in his hand. Finding that the deceased had sustained serious injuries, PW-18 secured an autorickshaw driven by PW-13 Venkatesh and sent the deceased and PW-3 in the autorickshaw with PW-17 to the Victoria Hospital. It was about 7.45 P.M. when they reached the hospital.

(3.) PW-14 Dr. K.L. Narayanamurthy examined the deceased. The deceased was directed to take into emergency casualty operation theatre. All efforts made to stop the bleeding from the injuries were futile and the deceased died at about 7.45 P.M. Accordingly, he sent intimation to the police station, Kalasipalyam. Even before it reached the police station, PW-3 appeared in the police station at about 8 PM and orally complained about the incident before the P.S.I. PW-19, Gangadhara, the PSI, was in-charge of the police station. He recorded his complaint as per Ex. P-3 and on the basis of the same registered a case in Cr.No. 404/84 for the offences punishable under Sections 302 and 325 IPC and issued F.I.R. to the Court as per Ex. P-29. He also sent express reports to his superiors. He drew up panchanama as per Ex. P-10 in the presence of panchas including PW-10 Chandapasha and seized the bloodstained clothes MOs. 2 to 4 worn by PW-3. PW-20 Kallannanavar, the C.P.I., got information from the control room regarding the incident taking place at the mosque. He went to the place and on coming to know that the accused had stabbed deceased Imtiaz and PW-3 and they had been shifted to Victoria Hospital, he went to the hospital and learnt that the deceased Imtiaz had died. He also received intimation regarding his death as per Ex. P-13. When he also learnt that after treatment PW-3 had gone to the police station, he went there and took up investigation. Thereafter, he went to the scene of offence, collected panchas, examined the place of incident and its surroundings and drew up panchanama as per Ex.P-14 and seized thereunder bloodstained earth and unstained earth MOs-11 & 12. He sent the police constable PW-16 Dwarakanath to the hospital to keep watch over the deadbody of the deceased. On 4-6-1984, he went to the hospital, collected panchas including PW-9 Abdul Kayam and held inquest over the deadbody of the deceased as per Ex. P-9 and made over the deadbody to the Medical Officer for post-mortem examination.