STATE Vs. JOSEPH JOHN AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 23.4.2010, passed by the Fast Track Court, Bangalore City, in Sessions case No. 620/2005, is called in question by the State in this appeal.

(2.) The respondents were charged, tried and acquitted of the offences punishable under sections 143, 148, 448, 302 read with section 149 of IPC.

(3.) The case of the prosecution in brief is that a small restaurant of K. Bhojarajashetty (P.W.11) was vacant and was available for lease; the deceased Selvaraj being the friend of accused No. 1- Joseph John @ Johni @ Pradeepraj, requested Bhojarajashetty to lease the restaurant in favour of accused No. 1; after taking the restaurant on lease by giving Rs. 25,000/- as advance amount, accused No. 1 was running the restaurant; after few months, accused No. 1 seems to have suffered loss and therefore, he wanted to surrender the restaurant in favour of owner of the restaurant i.e. Bhojarajashetty and thus requested the deceased to get back his advance amount as also some premium for vacating the restaurant voluntarily; the deceased had a talk with Bhojarajashetty and it was settled for Rs. 40,000/-, i.e. Bhojarajashetty has to pay Rs. 40,000/- to accused No. 1 and that accused No. 1 shall vacate the premises voluntarily; despite such agreement, the amount was not paid by Bhojarajashetty to accused No. 1, though he had vacated the restaurant and consequently, accused No. 1 started pressurising the deceased to get money from Bhojarajashetty; after due deliberations, the deceased was informed by Bhojarajashetty that he would come on 27.1.2005 and meet him and would pay Rs. 35,000/- which in turn can be handed over to accused No. 1; In the morning of 27.1.2005, accused No. 1 and his associates met the deceased in the congress office maintained by the deceased and enquired about the money; the deceased had informed accused No. 1 that the amount would be paid to him in the evening of that day, i.e., on 27.1.2005; there were verbal altercations between the deceased and accused No. 1 inasmuch as deceased told accused No. 1 that the money is not yet paid to him by Bhojarajashetty; accused No. 1 being enraged, took out dagger from his pocket and slit the neck of the deceased; all other accused also stabbed the deceased with dagger, consequent upon which deceased died on the spot.