Karnataka High CourtAbdul Hameed S/O Late B Abbas vs The State By Spp on 4 August, 2009Bench:K.Sreedhar Rao,C.R.KumaraswamyIN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 47:». DAY oe AUGUST 2009 
PRESENT   A

THE HoN'aLE MR. JUSTICE K. SREEDH_A.VR.O,i§AvCiVA..:::  A A

AND   

THE HON'BLE MR. JUSTICE C.R.:=.AKUE_'43ARAS.\A.iAMOY'~':~-.,_'__H~a; T
CRIMINAL APPEAL i\"O4_.149'3/2:006 eff: O'  

BETWEEN:

Abdui Harneed

S/o Late 8. Abbas,

Aged about 33 years, '- _ . .
Residing at Zeenath E_'rL?'a,n2:i!,.;" "CPCCompotsndg _A   . _'
Kudroii, Mangalore',   APPELLANT

(By Sri TharanaOtl*:-~ P_oo;iVei~ryiA,'*V_AOdin/V.)

     _____ 

 TheOsatateOOba,r[[s.PP['few  RESPONDENT

Of('RiaA,r Sri §3'h_avan'i  SPP)

  C.r'irninaI Appeai is ﬂied under section 374(2) of
"ay.rEthe advocate for the appeliant against the
  dated 14.7.2006 passed by Pri. Sessions Judge,
WP/Iangaiore in SC No.68/2005 convicting the

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sentencing him to undergo imprisonment for life and also to
pay fine of Rs.5,000/--, in default to undergo Rigorous

Imprisonment for a period of one month for the offence

punishable under section 302 of PC and further 

him to undergo Rigorous Imprisonment for a  it

years and to pay fine of Rs.5,000/--, de';-fau.l_t 

Rigorous Imprisonment for a period oi'-.goh.e mQn.it.h"for the V

offence punishable under section  1Ph('Z',-.it/iiitvh azyprayer
to set aside the above order.,_._"':%«. V

(2) The";brief' of the prosecution are
as under: 
 i3.ia;2oo5 at about 8.00 am. <:w--2

Mayya.d'i,_s.owner of Green Heritage Nursery at

:'v.:AAK'uioor filed a'.~eovlnnplaint stating that he found a gunny bag

"'4"eori*ta'i'n.ing human body with foul smell on the side of Udupiw

'4"~.',".«.:;|'\'«':agrigiaiioreiNationai Highway at about 7 a.m. On his

 PW--2 visited the spot and conducted the inquest

ff,



panchanama and came to the conclusion that a woman.--has

been murdered and hence registered a case aga.inst'--u[an"»..

unknown person in cnme E\iO.l39/O5 for tnernttc:or'f1e.n'cétsjj"

Dunishabie under sectéons 302 and 203:fdof':IPC,V._ -: 

(2.2) PW--13 took up fur'th_Ver_ in\Viest:'ig*atio'n and
Accused Nos.l and 2 were by
PW--11, acting on thebasisA0f:'n:evrrspap'e"r.'re.;;o"rt. On the

basis of voluntary_ iot A_cV:':us'ed"";1f and 2, certain

househoid arti'c'I'esliwere*§:.;reco§1'e.red'"frorh the house of PW--9
and aiso froth'  case is that the
accused No_._1 wTthV_"thV'e assisttance and in presence of

Ac::iLise.dA i\f:o"Z'2:_c.or'nmEtt'ed'"'t'h'e murder of his wife Smt. Sajida

. at   situated at Raikatte in Padukodi

:'v.vj§}'E"lVE'a§:;e of MVan§3~a!or=edtaiuk on 9.6.2005 at about 14.00 hours

"str'a"n.VcjL'L:i.aVtingj 'her neck by a nyion rope. Thereafter in order

 'disappearance of the evidence of murder packed

 body with the assistance of A3 in a gunny bag and

if



thrown it alongwith a cotton bed at an open space inf"t.he

left side of Udupi--l'/Eangalore Highway in front of 

Green heritage nursery at about 9.00 pm. 

Nos.1 to 3 were charged for the offeralices-..4[5A.L":n4i5ha.bl.e"ainder3.'

sections 302 and 201 r/w 34 of

(3) In the trial Court '::;43rose_ciiit_i'oe--nj_'h*'as_extarn'in'evd in all
13 witnesses, got marked   1 to 21.

(4) PW--1  conducted the PM
examination710n_V  . _'vl9VVV\'fl/5.3, 4 and 5 are the
material witnesses   last seen circumstance.
P\_NjA2 is,,._%.&:the'. InVvee.tig:'ati?r.g..' Officer who registered the

unVh.aturai_VVdceathayreport. PWs.7,8,9,10 and 12 are the

17*._witnesse's~for'rﬁjahafiar. Pl/V-6 is a beedi contractor who

Lpgegrfogrmed the rnarriage of the deceased with A-1. PW--11

'._'_'i's._tl':.e' l5?Vol'it.*je official. PW~»13_is the Investigating Officer.

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(1

(5) Mayyadi who is a resident of Nawaz Manzil,

Ucchiia, Udupi district gave a complaint to the SHO, 

Police Station. The contents of the complaint  

was running Green Heritage Nursery n.ea~r.KL:loorvVj"urnct.ion_jin'i'._, it

Kuloor village. On that day at about'?  w'h.eii_h§3

in the Green Heritage Nursery, the-r:e'*~was.Va~foulg:s»rnelvl"f ﬁiaie
went near the place and/sa_w atg-ungayaigaagiiymg there.
Smell was emanating from tha'-t.A_   of it, a bed

and clothes were scattered:;._  bag a dead

body was found'.-~a.'..:Hzt.é:Fe:l't t'nat-'sorﬁ'eii~culprits had kiiied that
person and  the  the gunny bag and it was
thrown there, the bia_sVi's"uof his compiaint, which was

pr.'es'ented.:.'°or.i*--.13,6.2'OO'S"'"at about 8 a.m., an unnatural

 death.r'e4poi*t:j:'?~i,o;'23]t).5 undersection 174(3)of Cr.PC was

 v.:Are'giste red,

the doctor conducted the PM examination.

"~.f'_i.VS5n_'ce"gth-ere was a strong suspicion, case in Crime

 was registered for the aiieged commission of

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'  ..._1Nsis';ter.

offences punishable under sections 302 and 201 ofgji'-PC

against unknown persons and FIR was sent 

Magistrate.

(7) The sum and substance ol='._ th_eu'g.fin'd§hgs--.

learned Sessions Judge are as undet:

(7.1) The learned sese-zqns has cenvlcted the
accused for the following reasons:'lj~E 

(i) The homécldal"d'ea1'th of  of A~1
by strangu:latiTo~n:""Es'--.\_brojved evidence of
doctor ',wh__o. 1 as.' PW-- 1. There is
recoveryof' "PW-3 to Smt. Sajida

from the pla"ce_"where'=th'e"' dead body was thrown.

(ii:.j;"""The5erho.Ati:ver.forVllwcomrhisslon of murder of Smt.
"~i4s'est'ablished by the evidence of PW--S
V wi1o.*--.irnvv'un'equi:§v'ocaI terms has stated that Smt.
 . Sajéda, thevtdeceased, had come near the house
  had picked up quarrel with him and

 g"'h_ad»_.j'fE,'ought advice of his first wife and elder

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(iii) The last seen theory is proved by the prosecution..:'~_.i_i'~..v

by examining PW--3 Smt. Leena D'Souza and___j: 

4 Smt. Veena.

(iv) The conduct of accused after thlemvdleatyh-«._of' 

Sajéda and his non-explaﬂﬁtiorftigﬁiardifﬂgii

whereabouts of his wife Sm't.._v:SajidaA."  V

(v) Absence of any other ca..use_r'f'o§f'théeiigiidegath 'of'"S"rnt.

Sajida.

(7.2) The trial :t--hat....every {ink in the
chain of cércun5s.tances.'V":>o:i'r'i~f_- ietwowarr-ds the guilt of the
accused only._ancl no'r;ée.lgSle,'4"l'-ET'-herefore the trial Court held
that the prosecutgibon VVhas'A'.p"i'o:y'ed beyond reasonable doubt
th.at~._t_he ._de.ad__gAV'bo_dy'Fo'un.d_.on 13.6.2005 near Kavoor Green

HerEtag'e'j'_by .,'sid'e..of Udupi-Mangalore Nationai Highway

   Sajida, who iived alongwith her

 A--Zi_aind chiid aged about 8 months in the tenanted

 belonging to PW*3 and A-1 committed murder of

 Smt. Sajida by tying a nylon rope around her neck

if



u

on 9.6.2005 and thereafter in order to cause disappearance

of the offence of murder, shifted the dead 

106.2005 and threw the same in an open space  H

of National Highway No.17.

(7.3) Eventhough the proseeutionhhas tla~'§t.¢j'.'jicharjghet

sheet against A-1 to Aw~3 for the otf'en'ces  under
sections 302 and 201 of  triéathi "C_o..t)"r't_»convicted A-1

and acquitted /-\-~2 and.A--3.  '

(8)  'th'e"'"r:Vinding of the Court
beﬁow, A-1 has 

_ (9) sr~haveV7hVeVard: the learned counset for the

app'e_3iant-»as we.i3'«a's*vthe Eearned counsel for the respondent.

 hav'e.0.D'e'ru.s'e-if-thetriaI Court records.

 Learned counsel for the appeiiant submits as

ex'



Ill

The dead body of Smt. Sajida has not been identified

by anybody. Identification of dead body 

artificial. In the light of the evidence of the    T 

that the dead body was not in an:=_1ide-ntifia'ble._'s*tate;i____Vtwhe.'

prosecution case is based on voluntary-,stateme'nt~_gind_.3 not_i>

on any independent evidence, _  seleiiliciljrcigvfrnstance
elicited by the prosecution...V:gtoi~i{'v«:i_§';:.o"i'ib'elie.yVabie and it is
highly artificial. u_::The  and the
deceased Sajidﬂ prosecution.
The photoV.iof*'th:e':ildeagdr iy'a*siw--a"lso not produced and
marked in Jrnotive for the crime has not

a

been estaVbl_isheld~.. 

 .(fi«;i._) i,ea.rn4ei:i_counsel for the respondent submits as

 under;-ATE' 'V 'A

 Last séenhvcircumstance spoken to by Pl/V5.3 and 4 is

'lai--ndV'ciear. The trial Court has relied on the

V' 'Vffey'i'den;::e of PWs.3 and 4 and came to a conclusion that A-1

V""ii--i._.Vﬂ_"'riisljguiity of the offence charged. The motive for

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commission of the offence is established by the evidence of

PW-5. With regard to the marriage, the prosecution"--,has

reiied on the evidence of PW-6. With 

recovery, the prosecution has reiied on the ev.id4e~nVvCei.:'0f the.

Investigating Officer. The fact that th4e.fId'ea{d_'

found in the gunny bag near the'l\l_ationa,l'Highvv'ay:

that the death is homicidai in   V V
(12) In order to test s'ounid"ne_ss"orf the decision of

the Court below, wei_hav§_.ca.r.efull.yA the evidence

of the garosecutioiii.-vwyi_t3n.essyestand also materiai placed on

record.

  is of Kavoor Police Station. He has

statedsninivhAis~..4eviv'den-eye that on 13.6.2005 at 8.00 am. CW--2

0iti'~......Mayyadifhadgconfie to the Police Station and gave a report:

--.l.i.i'jas_'<p.er Ex.P_2_1~suspecting the death of a person and whose

 in gunny bag near his nursery. He has

illegistéred a case in uorz No.23/O5 and submitted the FIR to

€/_



the Sub-Divislonal Magistrate, Mangalore. E><.P3 vistjtiwe

FIR. He went to the spot alongwéth CW--2. 

by the side of National Highway I\lo.17_at a   

Kuioor in front of Green Heritage Nurs:e}ry.;j=..:' A

(14) PW~2 further states  
was a pipeline of  éiaieiior that
pipeline, a gunny bagAyemitting'fol;lvtsirne*l'l'~:wla'sv:..l'ying. There
were also some  mat scattered
near the gunnyvEt3..aVg-;V1".;_¥__ that the gunny bag
might contain  3 He collected panchas.
He found the   gunny bag, There was a

nylon ropeiairound nveck. There was one chudidar pant

and"--wals't .tVhi<ea~d:'on the dead body. He conducted inquest

:5}:pvahchariamla.Vl'A'u--"cj'fl"h1eV' dead body was highly decomposed.

ffheitpgersonsvotesent during the inquest could not identify

 {~the_  Inquest panchanarna was conducted ln

 9.00 a.m and 12.00 noon. He seized clothes and

 materials found around the gunny bag. He also

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seized the gunny bag and other materials used for tying it.

He strongly suspected that the deceased was done 

by someone, mostly by strangulation. He cond,_u"cteCd_*V~-'th7e_.V:4_'-_

inquest panchanama as per Ex.P4._W tie-«..1got«.:the, 2

photographs of the dead body. He s'ent;'the 

Wenlock hospital, Mangalore forPl§il--~.,exarri-iriation,'AV~.i._'He,,,s--aw

nylon rope -- E\/30.1 on the neck of_.t.he<dead bod-y..__, fie also
seized Mo.2 ~ two gunny pant

found worn on the  mat, EV!O.5

-- cotton bed','%"l\ii'0i.,':t3  bed sheet, MCL8 --
choodidhar top,' a baby, MO-10 -- pillow

cover threein nunnbier.a.nd'*MVO'¥11 -- one black shawl.

V7__(1,S) ..On,_Vthe'«.baS'is of the press report, PW-2 registered

:"V'ii..CJrime No~."'1l39/'Ci*l3i':_fo1'rVthe offences punishable undersections

  34IPC against unknown persons. He

 ':s,en_t":lt'i:e:lF1«R to the concerned jurisdictional Magistrate as

.  During his cross-examination, he states that

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whiie sending the dead body for PM examination, the robe

was not sent to doctor.

(16) PW-3 states in her evidence'th'at.she ithiutrysis-iii  A

- Abdui Harneed from about So mozn.th's__xeariie'r"to 

incident. AM: was residing in thethoiisev.of._oi"ie:".=GVi'rbert2D'
Souza opposite to his housegf-i_  from
five months eariier tothis  aged
about 22 to 24  about 7-8
months were   that they were wife
and son of   j "Hone house in the first
floor of his  A~1, his wife and chiid
shi4fte'd thv_eif'  house in the first fioor and he

was'_pa\;(ihg r.g#__rat'o:f"*Rs.1,S0O/- per month. on 9.6.2005

::s':'is.;tabout. .1".=OOV pf;isrj.i.i;A~1 came from outside in a scooter and

.:i_i»§ie.n't._to his ..hv'o§,:se. At about 3 pm. he came to his house

  chiid and told that he would vacate the house

.  next day and he had found out another house for the

V"i«'Vres.itIence of Smt. Sajida. smt. Sajida was telling that

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paying rent of Rs.1,S0O/- per month was too costlydfor

them and they were in search of another 

agreed for vacating the house and told the 

A-1 alongwith his child and another pigllio-n'rid'er':'.ie'ft'"ho.use;ii'

on the scooter. She did not c-'bs~erveV"th'e  

pillion rider. She had seen__Smt.   a.m.
on the same day  her house.
Subsequently she  not  the evening
at about 5 p.m.   t.hVa'-tfi of Sajida was
locked.  p.m., A-1 came
with an  went to his house and
loaded the in the autorickshaw tempo.
 loading the household articles,

he  told that he had to pay electricity

Viyrclharge of Rsi;2QAG'/S-- and he would pay the same. He told

44"_:'t"i*.a't.t,.lV'thet__lock"was kept to the door itself. There was no

"of: rent. While going in the rickshaw tempo, Smt.

 Sajidallwas not present with them. She asked where Smt.

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Eh

Sajida was staying. A--1 told that she was staying [::i'1---._a

place which is about 1 kilometer away from 

One Coolie and A-1 were seen by her while tran.s_o:o..r.ti'n_6g: the 

household articles.

(17) PW--3 further states   on
24.6.2005 at about 6.00 Afl and other
two accused who were   his house. A
mahazar was    knowing the
identity of  Lised by Smt. Sajida.

It was an oldhbed.'  it for hearty four years.

As it was too old; siieféntended to throw it away. At the

reigtiestg "$.ajida."'s'hAé gave it to her. Thereafter she

  vh'.e,r.1~~house. It was almost like a double

V,.be'd_ meas:.:rin_g'4§.f"eet x 6 feet.

  ":6.(:.8)""During the cross-examination of PW--3, she states

. "'C.Vl;-,Et't:h(.l.LlS€ of Smt. Veena is on the Eeft side of her house.

:'§P\'\1§'4 was residing in Boloor before she occupied the



present house. She has stated before the Police that Sint.

Sajida was living for 5 months in the house of  

had not stated before the Police that Smt.   

second wife of A--1 and A~1 used to re_ma'-i.n«A.iw'i'th':

on certain days in a week.

(19) PW--4 is the  stated in
her evidence that   She was
not acquainted .  residing in the
house be|on:vg'i'n'g'-totaa  to her house. Wife
of A-1 Smt.1zSa'ji«'da  were with A~1. They
were there LA   house for four months.
 j'Shﬂifted"t'heVir residence to the house situated

in Vi'~es.~idence of PW-3. She had no occasion

 talk w«i.th  PW--4 further states that on one day at

 A«~1 went on his scooter aiongwith another

and they had taken chiid with them. At that time,

 siiefhfad not Seen Smt. Sajida in the house. She might

é'



have seen Smt. Sajida about 3-4 days earlier to it. Orgthae

next day, she learnt from PW«~4 that A-1 had 

household articles in the night at about  

further learnt that after few days Police:1-'hla7du'bro.ught':A_f'1.;AA

and two others to the house of   ii1jot_VVgo'nevS

there at that time. She cannot iAde'V¥jt.i._fVi~.._the'.Clothes?of the

deceased.

(20) During  she states
that the   house took place
on 13.6.2005. ._  Police came for the
first time to   residing at Boloor. She
started to«§res_idev in.'  after few days of the house

war'mi'nV.gj'"eeremom?'*as some work of her house was yet to

 com'p.le'tedV.'  has not stated before the Police that

.jS_S;_'nt;._'»SajidaVuwas 'living for four months in the opposite

  b.eloA_ngEng to a Christian. She has not stated before

.  that she came to know from Smt. Sajida that A-1

 .Twa.sV'having a nother wife.



I9

(21) PW--5 is another material witness. He.g*h-as

stated in his evidence that on 3.6.2005 at about 

he heard some noisy sound in front of the hoI_J,seV..Vvof..:Anj1,'f

Then himseif and CW--22 --~ Abdui Latheef  

what was happening. He saw !\'---1... his7.wi'fe and'j;.i:gter_T;in'i

front of the house and the're_was  had
not seen till that time. '4ivgasg"b,etween these
persons and that ungknown l:a'd'y.; :11  abusing A-
1 alleging   her and got a child,
he was not her child and had simply
kept her _a rentedi..h~.ou'5ie""and he was not visiting her

holes; AVT'ihati.iiad'y._evenVvregvuested the wife and sister of A-3.

 to  further stated that he intervened and

V".;-asst_ired that t'h'e-S/"would properly advise A-1 and pursuaded

' to goto her house.

 PW--5 further stated in his evidence that on

 some news items appeared in the local

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Mg'

newspaper with the photo of A-1 -- Abdui Hameed stag't'i"ngg

that he was involved in a murder case of his wife.  

went to Government Weniock Hospital, Manga_l.oreu,f f" 

~ Abdui Latheef and CW--20 ~-- Azees had :_-alsouachclorn'p'a'ni_'e«d:c

him. He guessed that the 

hospital. Therefore himself andp_othe_rs._we.nt««tihterei. He
was able to identify the dea'd'i"b*odyvViag..  the lady who

quarrelled and claimed to bigiianeprggtllecgwivageror A-1.

(23)  of PW-5, he has
stated that |:'ady_   on 3.6.2005 in front of
the house of  of black colour. But
theface  He cannot recollect whether she

was»,wea'ringv.__anyiVfootwear. The marriage between the

1:"s»..g.gceased'""and' had taken piace in a hotel by name
.l%_f&*_g\4Qr.Vi_ni Vilasv'u'i*;.ra Mangalore. For performing the marriage,
 {the "pr_es_e'n'_ce of 'khazi' is necessary and amount of 'meher'

"i.s'"to pe  fixed.

gig/.



"> I

(24) PW--6 states in his evidence that he knows.jA~,j1

and in the month of /-\prii»2004, A-1 came to him 

proposal of marrying a giri by name Sajida,  

years who was working as a beedi roiier under hoirn,'   M

(25) PW--7 states about the tr-e.Vc::"c«.ver\v) 'ofMQ_:.i"2,»bQ";/t'hree

aiuminum vesseis.

(26) PW--8 stavtejgf: in his "e'v1i1v<:.j1erjcf¢._t_hat..:.c:§Vri 25.6.2008 at
about 7.00 p.m.=i"l5o'§'i--:e""aV'5_o:n'gVwiith__/3}i._:ca_me to the house of
Jameeia (sisgter'of.:':i%Afi3:fi-§V"*  there. A-1 pointed

out a scooter which in front of the house of
lameela. :...Po!ioé  mahazar and seized that

s'e.ooterVAu"hVtle-if E$<,,E'1 1. A  """ " it

(27_')"P\f\{'f<.§i'j_sV,':3'eaks about the recovery of plastic chairs

--4..'_j'antiV.househoi'd articies seized under E><.P12.

--  (28) PW--1O speaks about seizure of Mixie and plastic

."V"'-...Aa"'rtViei'es viz. Mos.14 to 19 under mahazar Ex.P12.

by;



W.

(29) PW~11 -- police constable states in his evide:.n'ce

that on 24.6.2005 he received information 

were available near Nehai Transport, lvlangalore»._.ff~..C3*n: the"  

same day, he went alongwlth his staff :_tofth'a.t_1~pl'ace':ja.nd;y_i

apprehended the cuiprits at aboutV_i;'*i.V.00"a'.m. 0 

(30) PW--12 is the of suit

case. PW~13 is the Iinvestig.at'i_n.g  

(31) PW--1::' conducted the
PM examina:tion' unknown female on
13.6.2005  and 3.15 pm. He has
stated in phi?  there are no marks of

id'é._n.tificaVt'ion;."i'bo"dy is infecvted with maggots measuring 2.5

  is discoloured and disfigured due to

Vligdecompositio._;iQ -.lA5"'ASl<in is completeiy peeled off at many

 .fl"'he"'eye baiis, nose and lips are completely eaten

 Scalp and skin at many places show evidence

.222"~.._of"~«p'o'stmortem injuries caused by maggots. A blue plastic

X'
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nylon rope is completely encircling the neck. The ligature

material double stranded with running knot at 

of the neck was present. That was antemortern««i.n_j:tiVvry~A.}:: _ if

(32) i>w~«1 further states in hiA1s.__e~\i_ixdlence_iA.'that"l.lj{ii.é'l':

ligature mark is a thin groove  
and it completely encirclingtthe  téssu'e'"tieneath
the ligature marks are

(33) PW--];; ::h:i'sVV§w:e'\ridenCe that the
postmortemilfi'nd'i'Vri.t;ls  the inference that
the death wasxldrue  The time since death
is between    to the PM examination. He

 a.PlVlfré'i:1.ort  Ex . P 1.

 the serology report. Ex.P23 is the FSL

freport. Thellinvestigating Officer has sent Mos}. to 3, 6 to

  to FSL. The result of the analysis discloses

V'%tii--at_Vg__Linny bag and other articles were stained with human

 Ex.P21 - serology report indicates that the blood

if



group of the stains in items AS2 -- gunnybag, 

choodidar pant, AS4 »--- nylon rope, A811 to 

covers could not be determined because the r.es.t.,i_§:5Vo.f' the   

tests were inconclusive.

(35) It is the contention of the
appellant that the dead  State
and evidence pertaining 'AAc'§'rcumstance is
artificial. It is  counsei for
the  to the last seen
circumstancé.V'Ais._   -evidence of PW~3 reveais
that on 19.6.i2'E)i:C'_)S   Accused No.1 came
fr:orr1'_voutsid.ev:o~ri a  went to his house. At about

 her house alongwith his child and told

'V\.|j.er that he wouid_--_ vacate the house on the next day. Next

.j%_i«ida.y"._sénce «he; found another house for accommodating

 4:~~'VVSa.3"i'(Vjl.';,_A,,he"'A_agreed to vacate the house. Accused No.1 with

h  and another pillion rider left his house on the same

Vili«:..'V:Vs'eo~oter. She has not observed the identity of the pillion

0.



rider. She has seen Sajida when she was in her house"':.at9

a.m. on the same day ie. 9.6.2005. Subsequentiy"shje.'_ha$"

not seen Sajida in the evening at 5 pM."h"i.  it   

difficult to infer that PW~3 saw Sajidalon %::he:'iast1

(36) At the first instance"V"Llnlnatural_V_'liieport V

No.23/2005 was registered.. .'unl.<nowVn'A "persons.
Subsequently the  the press
report, FIR was   punishable
under sec:tio__n_s:V'  against unknown
persons.  also not been examined.
Even the serol'ot;.y  The prosecution
nj--a.in'ly on tVh'e--VVe_v_i_dence of PW--3 who speaks about

the=,iast"--see.n'~i¢irou..mstance. The last seen circumstance

'W._u.s.pol<enA  l3_\l/lf.V¥s1;3_Vi.a'sVnot clear and convincing. Therefore it is

--.%.i.i'_;'§insa.fe to place reliance on the evidence of Pvl/~3 But the

 serology report are inconclusive and the dead

"'a.VVbjcdy___was highly decomposed. During cross~exarnination,

ii"~«u.AV'PW-€> has stated that it was not possible to identify the

ix



Eb

dead body. The evidence of PW11 -- Police Inspectoir,

District Crime Intelligence Bureau, reveals _;t'h-a.t;..'__j'olii__VA'a

20.6.2005 through his informants he got info~i=--miajtiioniiithat;" 

the name of the deceased was Smt. Siajida'aa%id'=she"'w'a'sf-it_he;;Ve_if

wife of one Abdul Hameed of Kudro.l'i, 
the offenders must be Abdul  and   The
informants had also told  Were
available near  Then he
arrested A1 ---  Iqbal and they were
produced   cm. The chief~
examinationzof:  Officer reveals that
dead body'waso"ffemai-eV«a;nd it was in an unidentifiable

s:t'a.te:'an'd"  cross--examination, he clearly admits

 thatiit to recognise the dead person by

7'd_aopearan"ce of the body. In this case, series of events are

.1co4nnve"cted to strongly infer that accused is guilty of

offenice charged. Therefore there is insufficient

U



evidence to convict the accused for the offences charged

with and he is entitled for the benefit of doubt.

(37) The trial Court mainly relied onCtfhe'--evictedncec.___Vo'f:;_if

PW-3 and has come to a concle-'js'io__n  thenV'V:a%c.cuS.€Cl.i3 

guilty of the offences punishable_unclei=_»_vsect'io:ns:M and
201 ofIPC. The findings'  Court are
not legal. The tri.Val_:;'C.Ourft"V'has; 'Ct-o«::...V'a'bbreciate the
evidence of the   about the
 also involvement of
the accused  On the other hand, the
conclusion ;r«e.acheud Vbyittheilltriéalll Court is based on surmises

an'd._r~.é_.TherVefore the findings recorded by the

 trial Court'__acre-en'-oat sauna and proper.

 _(38)"~.In.--._"vievvA of the above discussion, 1 pass the

    {X



ORDERThis Criminai Appeai is ailowed. The accVq§e'da._Vis

acquitted for the offences punishable under 

and 201 rec. He is set at libertyIforthwith"v*i-t::"_h:e"~::i5'--net  

required in any other case.Registry is directed to Cr)_rh.arr3uhi'ca:te._tih:eA{Qi?erativeui"portion of the order to the TriaA|a_..C:QtJ_r't.._»and 'the_ cencerned

JUDGE

Raﬁ   Sd/-i     JUEGE