STATE Vs. JAYARAMA

JUDGEMENT

(1.) THE judgment and order dated 30.11.2009/31.12.2009 passed by the Presiding Officer, Fast Track Court, Bangalore, in S.C. No. 443/2002 is appealed against by the State.

(2.) THE case of the prosecution in brief is that the complainant Jaheed and his younger brother Sameer Ahamed alongwith friends used to play Cricket in Corporation ground situated at 18th Main Road, Jayanagar, Bangalore, since their childhood. So also the accused and their friends used to play Cricket in the very ground since their childhood. Likewise some other youngsters also used to play Cricket in the very ground. When the deceased Sameer Ahamed was playing on 13.04.2001, Mr. Sriram and his friends quarreled with deceased on petty issue relating to sharing of bat, etc., At that point of time, aunt of deceased namely, Asma (PW.9) came to the ground and pacified the quarrel and the bat was returned to the deceased. On 14.04.2001, the father of PW.8 went to the Corporation ground and told all the youngsters who were playing in the field not to quarrel and to play friendly. On the date of the incident i.e., on 15.04.2001 at about 4.00 p.m., when the complainant (PW.8), PW.24, PW.25, PW.26 and certain others namely, Vishwas, Prashanth and Mahesh were playing Cricket in the very ground, one Mr. Amit Sharavana and others were also playing. Said Amit Sharavana was teasing PW.8 and his brother Sameer, ultimately it resulted in quarrel between the two at about 5.30 p.m. At that point of time the uncle of the deceased namely Ali came to the playground and pacified the quarrel. However, abruptly accused No.8 pushed PW.8 and assaulted him with hands on the head. PW.8 also assaulted accused No.8. However, the quarrel was pacified by the mother of the deceased namely Asma (PW.9) and she was taking the deceased and PW.8 back home. When they came near their car, the accused Nos.6, 5, 9, 1, 4, 3, 7 and others came to the spot and assaulted PW.8 with the wicket on the head. PW.8 sustained certain injuries. When the mother of the complainant tried to intervene, she was also assaulted by the accused. However, when PW.8 and his mother alongwith his brother Sameer (deceased) wanted to go to police station to lodge the complaint, accused No.3 dragged the deceased out of the car; and held him tightly by certain of the accused; accused No.7 assaulted on the head of Sameer, whereas accused No.6 assaulted on the face of the deceased. Consequently, the deceased fell down and all the accused ran away from the scene. Thereafter the injured Sameer was taken to house and thereafter to police station and subsequently to hospital for treatment.

(3.) THE incident has occurred at about 5.30 p.m. to 6.30 p.m. The complaint came to be lodged by PW.8 at about 7.30 p.m. to 8.30 p.m. in the Tilaknagar police station. The same was registered by the then Station House Officer Mr. C Gopal (PW.22) in Crime No.152/2001. The police after investigation laid chargesheet against nine accused in total, out of them accused No.9 was a Juvenile offender.