RIZWAN Vs. FAHAD AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the District And Sessions Court, Ramanagara, Dated 08.07.2010 passed in Session Case No. 54/2007 is called in question in this appeal by the appellant -PW -2. The appellant is none other than the brother of the deceased. The State has not filed appeal.

(2.) THE case of the prosecution in brief is that the deceased Ufran and the accused were friends. On 12.01.2006 i.e., on Bakrid Festival day, all the four accused came to the house of Ufran at about 8.30 p.m., while Ufran after having festival dinner was talking with his brothers in his house. The accused as aforementioned came on three motor bikes to call Ufran to celebrate the festival. Sri. Khaleel Ahammed, father of Ufran told the accused that Ufran and all his family members have already had festival dinner and therefore Ufran will not come with them. However, the accused persuaded Ufran to accompany them and that they will leave him back to his house within half -an -hour. Thereafter, all the accused with Ufran proceeded to C.P.T. Garden, Family Restaurant, which is situated in out -skirts, in Bangalore -Mysore Road, Chennapatna. All the accused consumed alcohol liquor and had their dinner however Ufran did not share food with the accused as he had dinner already in the house. When the bill was given by the supplier Manjunath (PW -3), all the four accused forced Urfan to make the payment. However, Urfan refused, as he did not share food and that he just accompanied them on their request. However, the accused started quarreling with Urfan to make the payment of the bill but Urfan avoided and left the hotel and proceeded to his home on his bike. All the four accused followed Urfan and they came near Kuvempunagar, K.S.I.C. Mill main gate and the accused thereafter stabbed Urfan with a knife on waist and on various parts of the body. Consequent to which, Urfan succumbed to the injuries and fell on the ground. The accused hurriedly left the place throwing the knives in the bush situated nearby to the place of the incident.

(3.) IMMEDIATELY , PWs 2 and 4 left the house and went near the place of the incident. They saw the victim with bleeding injuries. While shifting the victim to the hospital, the victim Urfan told PWs 2 and 4 that all the accused stabbed him with knives. However, Urfan was declared dead when he reached the hospital at 3.00 a.m. on 13.01.2006. PW -2 lodged a complaint as per Exhibit -P3 before the Sub -Inspector of Police, Chennapatna came to be registered in Crime No. 2/2006.