<p>Bengaluru: The Karnataka High Court has modified the life sentence imposed upon two persons from Hubballi in connection with the killing of a painter. A division bench comprising Justices SR Krishna Kumar and CM Poonacha noted lack of ingredients for murder under IPC section 302 such as premeditation and intent to kill and instead convicted the accused for culpable homicide not amounting to murder punishable under IPC section 304.</p><p>The accused Shamshuddin Savanur and Zuber Ahmed are into fabrication works. The prosecution case was that on March 11, 2020, between 12 and 12.30 pm, the accused had a heated exchange of words with Shaabuddin Bikanbai at Pathangalli tea stall. Thereafter, the accused repeatedly stabbed Shaabuddin using knives, resulting in his death. The Kasabapet police had registered a case based on the complaint by Shaabuddin's father Mehaboobsab Ibrahimsab Bikanbai and filed a charge sheet for murder and other charges.</p>.Consulate General of Israel, Karnataka High Court receive hoax bomb threat.<p>On March 25, 2022, the Sessions court convicted both the accused of murder. The court sentenced them to life imprisonment and imposed a fine of Rs 75,000 each after considering the evidence of the father, brother and brother in law of the deceased as well as other independent witnesses.</p><p>In the appeal before the high court, the accused argued that there were inconsistencies in the evidence of several prosecution witnesses regarding the occurrence of the stabbing incident as their statements doesn't tally with each other.</p><p>The division bench noted that apart from the statements made by three close relatives of the deceased, two other independent witnesses had also testified that the deceased was stabbed by the accused using their knives.</p><p>However, citing the judgements of the Apex Court, the division bench said that ingredients such as premeditation, intention to kill, as pointed out by the top court, are key requirements for holding an accused guilty for murder under Section 302 of IPC. </p><p>“Under these circumstances, we are of the view that the present appeal deserves to be partly allowed and the impugned judgment passed by the Trial Court deserves to modified by convicting and sentencing the appellant/accused persons for offence of culpable homicide not amounting to murder by invoking Section 304 Part II IPC and by issuing appropriate directions in this regard,” the bench said, while directing the convicts to pay fine of Rs 25,000 each, payable to the father of the deceased.</p>
<p>Bengaluru: The Karnataka High Court has modified the life sentence imposed upon two persons from Hubballi in connection with the killing of a painter. A division bench comprising Justices SR Krishna Kumar and CM Poonacha noted lack of ingredients for murder under IPC section 302 such as premeditation and intent to kill and instead convicted the accused for culpable homicide not amounting to murder punishable under IPC section 304.</p><p>The accused Shamshuddin Savanur and Zuber Ahmed are into fabrication works. The prosecution case was that on March 11, 2020, between 12 and 12.30 pm, the accused had a heated exchange of words with Shaabuddin Bikanbai at Pathangalli tea stall. Thereafter, the accused repeatedly stabbed Shaabuddin using knives, resulting in his death. The Kasabapet police had registered a case based on the complaint by Shaabuddin's father Mehaboobsab Ibrahimsab Bikanbai and filed a charge sheet for murder and other charges.</p>.Consulate General of Israel, Karnataka High Court receive hoax bomb threat.<p>On March 25, 2022, the Sessions court convicted both the accused of murder. The court sentenced them to life imprisonment and imposed a fine of Rs 75,000 each after considering the evidence of the father, brother and brother in law of the deceased as well as other independent witnesses.</p><p>In the appeal before the high court, the accused argued that there were inconsistencies in the evidence of several prosecution witnesses regarding the occurrence of the stabbing incident as their statements doesn't tally with each other.</p><p>The division bench noted that apart from the statements made by three close relatives of the deceased, two other independent witnesses had also testified that the deceased was stabbed by the accused using their knives.</p><p>However, citing the judgements of the Apex Court, the division bench said that ingredients such as premeditation, intention to kill, as pointed out by the top court, are key requirements for holding an accused guilty for murder under Section 302 of IPC. </p><p>“Under these circumstances, we are of the view that the present appeal deserves to be partly allowed and the impugned judgment passed by the Trial Court deserves to modified by convicting and sentencing the appellant/accused persons for offence of culpable homicide not amounting to murder by invoking Section 304 Part II IPC and by issuing appropriate directions in this regard,” the bench said, while directing the convicts to pay fine of Rs 25,000 each, payable to the father of the deceased.</p>