- (1.) This appeal by Syed Aleem alias Syed Baba is under Section a79, Criminal Procedure Code and S. 2 (a) of the Supreme court (Enlargement of criminal Appellate Jurisdiction) Act, 1970 against the conviction and sentence imposed by a division bench of the High court of Karnataka. The appellant was tried by the first Additional Sessions Judge, Bangalore for an offence under sections 201 and 302, Indian Penal Code and was acquitted. On appeal by the State of karnataka, the High court found the accused guilty under S. 201 and 302, Indian Penal Code and sentenced him to imprisonment for life under S. 302, IPC. No separate sentence was passed under S. 201. The case against the accused is purely circumstantial and the question for our consideration is whether the High court was right in holding that the circumstantial evidence adduced is sufficient to bring home the accused the charge framed against him.
(2.) The circumstances relied on by the prosecution are enumerated at page 138 of the paper book. The accused was employed as a driver under pw 24, the son of the deceased. "it is alleged by the prosecution that the accused developed illicit intimacy with the second wife of the deceased. This was discovered and the deceased chastised the accused and drove him out of the house. The accused ran away with Public Witness 6 but later Public Witness 6 was brought back to the house. The accused also came back. It is alleged that about two weeks before the occurrence, the accused came back and took the car belonging to Public Witness 24 for repairs and painting to PWs 25 and 26 and brought it back on 1/12/1971. The accused took Public Witness 10 the partner of the deceased, Public Witness II, the friend of the deceased at about 10. 30 p. m. and dropped Public Witness 10 at Richmond Road and Public Witness 11 at Malleshwaram. Later, the accused and the deceased were seen together in the car by taxi-drivers pws 12 and 31. Early next morning, the dead body of Abdul Karim was found near Bangalore-Sarjapur Road. By the side of the dead body, m. 0. 15, an iron rod which was used as tool in the car, belonging to Public Witness 24 was found near the scene of occurrence. After the accused was arrested, he furnished the information leading to the recovery of M. O. 11, the knife stained with human blood, a watch in the shop of Public Witness 15 which was identified as that of the deceased. A diamond ring M, 0. 10 was also recovered on information furnished by the accused from the house of the accused.
(3.) We have been taken through the evidence of the witnesses who speak to the various circumstances. The learned counsel submitted that thecase for the prosecution that the accused' had illicit relations with Public Witness 6, cannot be accepted, as if that were true the accused could not have been re-entectained in service. The evidence is that the accused was not in the regular employment of Public Witness 24 but was employed on ad hoc basis whenever his services were needed. It is clear from the evidence of PWs 25 and 26, the mechanic and the painter, that the accused took the car belonging to Public Witness 24 to the workshop and after the work was over, took it back on 1/12/1971, the night of the occurrence. The High court has rightly pointed out that there is no cross-examination of PWs 25 and 26 challenging the fact of the accused taking the car to the garage and taking delivery of it after the job was done on 1/12/1971. Further, PWs 10 and 11 are disinterested witnesses and they speak of the accused driving the car and dropping them in their respective houses. The evidence of PWs 12 and 31 who are taxi-drivers, which has been accepted by the High court) establishes that the accused and the deceased were together at about 11 o'clock on the night of the occurrence. Early next morning, the dead body was found. On this part of the case of the prosecution, we have gone through the evidence of pws 25, 26, 10, 11, 12 and 31 and we have no hesitation in agreeing with the carefully considered judgment of the High court. We accept the testimony of these witnesses.;