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Iqbal vs The State Of Karnataka on 15 December, 2010

Karnataka High Court Iqbal vs The State Of Karnataka on 15 December, 2010Author: K.Govindarajulu

ix)

APPEI,LAN’11ACCUSED FOR THE: OFFEZNCE PUNIS’iri£.E$E;-E “D;:~:s.. ‘ 49843 & 308 we AND SENTENCENG HIMNTD UNDeRGiQR;V:_ ‘EDD ” 2 YEARS AND TO PAYFINE OF RS. 500:}! AND LD, 10 §j£’»JD.ER’GO 5.1. FOR ONE: MONTH FOR AN 0FFEN’=t:E1?/U;se_».498;’AAG§*~..:1§i:j AND FURTHER SENTENCENG HEM TO ‘~-UNDERGO7. R1. ‘FDR’? YEARS AND TO PAY FINE OF’ RS. 2,699/A AND_I.D,*;fQ”:;ND1:ReD * ‘ 3.1, FOR 3 MONTHS FOR AN DFFENCVE Wash “3030? IPC. BOTH THE SENTENCEZS ARE TO E9.-‘UN.€§’QE§f’CURREN’£*:YQ THIS CRIMINAL APPEAL. .C’0M§ufiG’ .:FO.,R HEARENG THIS BAY, THE: COURT DELIVEj§&B

ACcused:.i11«.,S’_€3 19f§8’_jen_.t1Afi;e’fi1e of Fast ‘Track Cour: ‘i, thVe”‘4%1;3’pe1Eant 2} __ [is Imtiyaz Mohamadgous

Patel, Abc1_u4IgariiV..’i Patel are brothers of de<:ea:.sed_ Jehirabee Maqbul Patel is the hV.”‘eister€'<5fe’Arri’Qther AD’fmNafisa. Nafisa is married to the 1983. From the date of the marriage; Néfieé ie in the company of her husband, The ‘.vmate’1€:aJt’E§fe 4’ has lead :0 feur children. 3

3! It is the ease of the State that after 45 years of the marriage, the husband namely the insisted the accused to get a sum of . iI1~treated, also to meet demand Qf~’:h_¢ a(:et1éedf,» uh’ raised. So, the State contends

committed the life of Nafisa :h’1’e.erahIe’__ th,e1eri;:.e1tyw was ” S so heavy, it instigated hie Ste cdedfnmitwieuieide. So, the said Nafisa State has

filed the a thunder Section

498A and V

4; -_ Aftei*V.c0Afi11§hitta1.. of ~ the case to the Sessions Court, presefxeeV”QftAthe’A”‘accused is secured, P.W.1 to ‘_ are eXarhi1:1ed__,__’E;X.P.1 to 13.18 are marked, EX.D,1 a_r’e~m.a:*ked, D.W.1 to D.W§6 are marked. Learned believed the ease of the eemplainante ‘ V Vheenvicted; the accused.

Learned advocate for the accused submits S’ “that , though the Woman has jumped inte the wefl aéeng 4

with 3 children, if is not a case of ill~–treatrnent_,___S0 called two circumstances relied by the proseeutiiinafeié artificial, they have come into existence V’ of Nafisa, if there was a truth in tihehease Qf pr_oxsvee1itidn,l”g the death at Nafisa could n0tTVhave:4l3_e»e3:_i. intiniated other family members of “Thev.fa~i’.t1_:il3z of Nafisa had an opp0:*t’u.nity«”ltd: against the accused. There being the funeral

was performe’d””li»;tt’1e has to be scrutinized ttuth.

–. hand, the learned S.P.P.

submits that _Natfisa”1ti_.arrying the accused is not ‘_ dispa:stedl;’ they;h–aVing.children is not disputedg prior to of the suicide by Nafisa, Nafisa being in her husband is not disputed. So, it

‘V_prebaL»alise prior to the death of Nafisa, Nafisa was 5];st,a§,%i’e.g in the Company of the accused along with her children. The cruelty” is so high with Nafisa along with her 8 ehiidren were found in the Water go’? the se, the accused has to answer; _Therej_is~ no gahswerr ‘the relatives of Nafisa are examinedgthe Viséflafisa have given the version:._._o.fi’ theuxaceused to bring money… To the accused,

they have still paying, is

the learned trial judge

is prooer. of the appeal,

1. L iii of the above, the point that arise ‘V ‘forvleonsidedration isuas under: the conviction of the accused

is.._justified in the facts of the ease’? PW. Llmtiaz Mohammadgous Patel referring tr}; the deeeased as the sister states that his sister is given in marriage to accused, 15 years prior to the suicide of his sister. it is in the further evidence of this witness that the aeeused insisted Nafisa to bring money Eran: her parents. So, her brether Ahduigani has given 6

Rs.8,00€}/~ ihspite of receiving efA»VRs.8,_QGG}}_.. accused he did not stop i11~treatrhentt-Seév, t took the loan of Rs.8,OOO/5; fr0mA’*–Uft:~an Bank in the name of the not

pay back the said money to the ._P1aee”rehance of Ex.P.2 to 13.5 asserts ixev-,,fepaid by his father. Furthetf from the

school as a he ifJ,eht”ahd stayed in the house ofthe’*~.at;*et:;sed_maintaining the family. While 15 incident in question the

accused sent back the father of

P,W.1;te _the4uh<>us’e”, it resulting in the suicide of asserts he has filed a complaint EX.P.6, on the complaint as per EX.P.6(a).

is re%;:.eiVed by the police 0:1 16.04.1998, it h”=~’«.___’1’egiste1*e.«jh¥in Crime N092/98 for the offences under jV’:”:3§’eet;<“:{hs 498A and 306 of IPC. There is a Correction in ht”-____””.’regard to the date and it is attested by the P.S.L thfieeerding te the partieuiars in the eemplaiht, it is 10

presence of the accused is found…,If_ reaiiythiev aeetised W V has demanded dowry frsm the i;t_§azrients nothing prevented the whe Vaeeeiiinipiaiiied the aeeused to intimate parents-_dnLA to file complaint. The initial tegi.stered against Nafisa for the–::«eiffen<§;At§V’ later case being for the offence

undeij’iV’Se’Ctiii§:;;.1§v is of the Considered opinionthiati east upon the proseeuticsn to prove the V_ii1st.i–gati<)Vi*i”V. The word instigated is meant . aeedrding”t_o theidiéta in the State of Bihar Vs. Ranen iviaith e.thers(AIR 1958 PATNA 259) to provoke, incite V_<)1″.Ve?ne0urage the doing of an act. In Prainila and others Vs. State of Orissa ( 1992 Cr1.J meaning given is incite, set to urge Qn, stir up i ” “good, formentt stimulate, provoke. The main allegation against the accused is, he has demanded Rs.1G,OO0/- to Nafisa and directed Nafisa to get it frein the parents hstise. The evidence is ene hrether gave Rs.8,Q(}€}/3 the

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