STATE Vs. P. MOHAMMED ASHRAF

JUDGEMENT

(1.) The records of the lower Court are made available by the learned SPP and the same are perused. Heard the appeal with consent of both the advocates.

(2.) The judgment and order of acquittal dated 25.7.2015 passed by the Sessions Court, D.K., Mangalore, sitting at Puttur, D.K. in Sessions Case No.163/2013, is called in question in this appeal by the State. By the impugned judgment, the trial Court has acquitted the accused of the offences under Sections 341, 504, 324 and 307 of I.P.C.

(3.) Case of the prosecution in brief is that the complainant's younger brother Abdul Sathar and Mohammed Ashraf (accused), against whom previously a case was registered in Puttur town police station, were friends; the complainant advised his younger brother not to mingle with Mohammed Ashraf and not to indulge in any illegal activities; Mohammed Ashraf (accused) along with others were committing theft of certain properties; Mohammed Ashraf was enraged by such advisory words of the complainant to his brother, as such, at about 11.30 a.m. on 11.5.2004, when P.W.2 (complainant) was coming towards Keremoole junction, the accused restrained him and scolded him in filthy language; accused took out a knife hidden in his waist and stabbed on the stomach as well as on the back of P.W.2; P.W.2 raised hue and cry; meanwhile, the neighbours including Ibrahim (P.W.4) and Mohammed Farooq (P. W.3) came there; on seeing them, the accused ran away from the said place along with the knife; thereafter, the brother of P.W.2 shifted P.W.2 to Puttur Government Hospital for treatment in a car, wherein he was treated by the doctor P.W. 1. Charge-sheet came to be filed against the respondent herein for the aforementioned offences.