MOHAMMAD FAIZAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant (accused no.2) was tried for offences punishable under Sections 394 and 302 r/w 34 IPC. At this juncture, it is necessary to state that appellant was arrayed as accused no.2; accused no.1 and 3 were juveniles in conflict with law. Therefore, case against them was separated.

(2.) It is the case of prosecution that deceased Karan Singh was a native of Rajasthan. He was a migrated labour at Mangalore. The deceased Karan Singh used to sleep in Lady Goshan bus station. On 09.12.2009, accused no.2 along with accused no.1 and 3 having come to know that deceased was in possession of some cash (around Rs.700/-) informed the deceased that he should sleep in Nehru Football ground at Mangalore. They also told the deceased that if he were to sleep near Lady Goshan bus station, he will be harassed by the police. The deceased believing the words of accused was sleeping in Nehru Football ground at Mangalore.

(3.) During the intervening night of 09/10-12-2009 at about 2.00 a.m., accused no.2 along with juvenile offenders (accused no.1 and 3) came near the place where deceased Karan Singh was sleeping and demanded him to pay money at knife point. When deceased Karan Singh refused to pay money, accused no.2 along with juvenile offenders (accused no.1 and 3) stabbed Karan Singh and caused injuries to which he succumbed at the spot, thereby, accused committed offences punishable under Sections 394 and 302 r/w 34 IPC.