STATE OF KARNATAKA BY COMMERCIAL STREET POLICE, BENGALURU CITY AND OTHER Vs. ASHOK FERNANDEZ AND ANOTHER

JUDGEMENT

(1.) This Criminal Appeal is filed by the State and the Criminal Revision Petition is filed by the complainant, questioning the correctness and legality of the judgment and order dated 07.03.2009 passed by the Addl. Sessions Judge and Presiding Officer, Fast Track Court-I, Bengaluru City in S.C.No.220 of 1991 acquitting the respondents (hereinafter called as accused Nos. 1 and 2. respectively) of the charges under Sections 302 and 307 read with Section 34 of IPC.

(2.) The prosecution case in brief is that on 11.02.1990 at about 4.30 p.m., PW. 10 K.Gopi was coming from M.G.Road along with his friend Murali (hereinafter referred to as the "deceased") in his Maruthi van bearing registration No.ATN-3553 on Kamaraj Road. Accused No. 1 was coming behind the van on his motorcycle bearing registration No.MMX-6233. It is alleged that accused No.l voluntarily confronted PW. 10 near the junction of Commercial Street and Kamaraj Road for not giving way to overtake and used abusive language and threatened PW. 10 saying "bastard, I will take care of you". PW. 10 also retorted and went away.

(3.) On the same day at about 5.30 p.m. while PW. 10 and the deceased had parked their car near Safina Plaza, accused Nos.2 and 3 came there on the same motorcycle and parked the Motorcycle behind the Maruthi van. Accused No.2 got down from the motorcycle, caught hold of the collar of PW. 10, dragged him out of the van and forced him to beg excuse from his friend, namely, accused No.l with regard to the incident that had taken place at 4.30 p.m. at the junction. PW. 10 freed himself from the clutches of accused No.2 and in the process fisted on the left cheek of accused No.2. By then, accused No.l who was sitting on the motorcycle got down and fired 5 shots at PW. 10 and injured him on the stomach and left hand. On seeing PW. 10 being attacked, the deceased got down from the van and went to the rescue of PW.10. Accused No. 1 fired a shot on the stomach of the deceased and injured him. The deceased as well as the injured - PW. 10 were taken to St.Martha's Hospital and from there to St.John's Hospital. The deceased succumbed to the bullet injury on 1 3.02.1990 at St.John's Medical College Hospital.