STATE OF KARNATAKA; NARASIMHARAJA POLICE Vs. EJAS @ CHIKKAD, S/O MOHD DASTAGIR; RAFEEK, S/O SANAULLA; ASIF AHAMED @ ASIF, S/O BASHEER AHAMED; ESRAR, S/O WAJID; IMRAN KHAN @ IMRAN, S/O FAIZ @ K S R T C FAIZ

JUDGEMENT

(1.) The State has filed this appeal against the judgment and order of acquittal passed by the Fast Track Court-I, Mysore, in S.C.No.269/2004. The accused were tried for the offences under Sections 143, 148, 341, 323, 324, 326, 302 and 506 read with Section 149 of IPC.

(2.) The case of the prosecution in brief is that on the date of the incident i.e., on 04.06.2004 at about 8.30 p.m. when PW3 went to Syed Bakery for making a telephone call to his friend; accused No.1 was standing there and he was teasing the girls who were passing through; PW3 objected for such an act of accused No.1 and told accused No.1 that he should stop teasing the girls; Accused No.1 retorted and scolded PW3 and quarreled with him; while leaving that place accused No.1 threatened PW3 with dire consequences; at that point of time the deceased Mohammad Gouse, PW4 Mohammed Haneef, PW5 Rehaman Shariff came to the spot and PW3 apprised them as to what had happened between him and accused No.1 few minutes prior thereto; when all of them were proceeding towards their house after making the telephone call, accused No.1 came to the spot accompanied by accused nos.2, 3 and 4 and abused PW3 and suddenly took out a knife and assaulted on the palm of PW3. Consequent upon which PW3 sustained certain simple bleeding injuries; the deceased, PW4 and PW5 came to the rescue of PW3 and at that time accused No.1 stabbed on the left buttock of the deceased with the very knife; PW5 tried to snatch the knife from the hand of accused No.1, but during that scuffle PW5 sustained certain grievous injuries on his right hand; accused Nos.3 and 4 dragged PW4 and by that time, accused No.2 took the very knife from the hands of accused No.1 and stabbed PW4. PW6 and other persons viz., Anwar, Shabbir came and pacified the quarrel. Anwar took out the knife from accused No.2. Thereafter both the accused threatened the complainant and his friends/relatives and went away.

(3.) In order to prove its case, the prosecution in all examined 12 witnesses and got marked 19 exhibits and 4 material objects. On behalf of the defence no witness is examined. However Ex.D1 history sheet (case sheet) maintained by Holdsworth Memorial Hospital, Mysore is produced by the accused. Exs.D2 to D7 are the portions marked in the statements recorded under Section 161 Cr.P.C. of PWs.4, 3 and 7.