RIYAZAHAMAD KUTUBUDDIN KILLEDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-state.

(2.) The factual matrix of the case is that there was a matrimonial dispute between the accused No.1 and his wife, and victim is the father-in-law of accused No.1. The complaint discloses that this petitioner along with accused No.1 and 4 and other four persons went to the house of the victim on 05.01.2019 at 11.00 a.m. Further, the complaint discloses that this petitioner and other four persons instigated the accused No.1, stating that if he does not agree for withdrawal of the case, not to leave him and have left the house in the morning. It is further alleged in the complaint that on 05.01.2019, at around 6.00 p.m., the complainant and his father were at their furniture shop and his father went to masjid and at around 6.45 p.m., he came to know that accused No.1 who is son in law stabbed his father and immediately he was taken to hospital and he rushed to the Navjeevan Hospital and found the severe injuries and he lost his breathe on account of the injuries he sustained in the incident. Hence, the complaint is lodged against accused No.1 and also including the persons who are accompanied in the early morning to the house of the complainant.

(3.) The main contention of the petitioner in this petition that he is innocent and he has been falsely implicated in this case and contends that there was a matrimonial dispute between them and he mediated in several occasions and also did not dispute the fact that he visited the house of the victim on the said day in the morning but contends that no incident of assault is taken place at that time and accused No.1 inflicted the injuries in the evening and this petitioner was not present at the time of incident. In order to invoke Section 302, there is no any material against this petitioner and only allegation against this petitioner, he instigated and the same has to be tested in trial, whether he instigated or not.