STATE OF KARNATAKA Vs. YAJENDRA ALIAS BOMBAY

JUDGEMENT

(1.) The judgment and order of acquittal dated 22 -7 -2010 passed by the Fast Track Court -XIV, Bangalore City in Sessions Case No. 1088 of 2008 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that the deceased Akmal Hussain and his wife Smt. Ameera Bibi (P.W. 9), his daughter Sarina Kathoon (P.W. 8) and his relative Sri Mohamad Nohu (P.W. 4) boarded the Gauhati Express train bearing No. 2509 at 11 p.m. on 27 -12 -2007 from Bangalore Central Railway Station to go to their native place at West Bengal; they boarded the general compartment, which is the last compartment attached to the train; the train left the Railway Station at 11.30 p.m.; at that point of time, the deceased was carrying the cash of Rs. 70,000/ -; all the accused boarded the very train in the City Railway Station, Bangalore with the common intention to commit robbery of passengers; the accused boarded the very compartment in which the deceased was travelling along with P. Ws. 8 and 9; after the train moved to certain extent, in furtherance of common intention to commit robbery, accused 2 who was armed with knife demanded the deceased to part with money; when the deceased refused to make payment, accused 2 stabbed on the chest of the deceased by means of knife and took away Rs. 70,000/ - from him; accused 1 who was armed with knife, assaulted P.W. 9 (Ameera Bibi) with knife and took away Rs. 2,000/ - from her; accused 4 who was armed with knife caused injuries on the hand and ankle of P.W. 1 and robbed Rs. 3,000/ - possessed by him; thereby the accused committed dacoity and committed murder of the deceased and thereafter they got down from the train; P.Ws. 4 and 8 have alerted the Police at Cantonment Railway Station about the incident in question; the Police rushed to the spot and shifted the injured to the Bowring Hospital and from there, they were taken to Rajiv Gandhi Chest Disease Hospital; the deceased succumbed to the injuries in the hospital.

(3.) In order to prove its case, the prosecution in all examined 12 witnesses and got marked 14 Exhibits and 6 Material Objects. On behalf of the defence, no witness is examined and no document is marked.