STATE OF KARNATAKA Vs. MADOOR NAZIR HUSSAIN,

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal passed in S.C.Nos.77 of 2001, 99 of 2001 and 146 of 2001 dated 27.11.2012 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangaluru. Brief facts of the case:

(2.) The case of the prosecution is that the complainant-Mohammed Hussain is resident of K.C. Road Talapady. The complainant in the complaint has stated that he has been doing mutton business in stall No.41 at Kankanady, Mangaluru along with his sons Mohammad Rizwan and Ameer Hussain. The complainant's sons used to go to the shop daily in the early morning and some times the complainant used to accompany them. On 1.8.2000 at about 6.00 a.m., the complainant and his two sons were proceeding on the motorcycle from their house in K.C. Nagar, Talapady to their mutton shop at Kankanady through K.C. Road. When they reached Maroli compound, a group of 8-9 persons armed with talwars got down from a matador van, which was parked across the road blocking the way to the motorcycle and they indiscriminately assaulted the complainant's sons, Mohammad Rizwan and Ameer Hussain with talwars. Then the complainant raised hue and cry standing near the compound side and the assailants ran away from the spot in the matador and ambassador car parked nearby. The complainant's son Mohammad Rizwan died at the spot and another son Ameer Hussain died while being shifted to the hospital.

(3.) The accused Nos.14 to 16 were also doing mutton business in stall Nos.39, 42 and 43 in the same place and there was business rivalry between the complainant, his sons and the said accused persons. It is further alleged that previous day to the incident, accused Nos.14 to 16 entered into criminal conspiracy with accused Nos.1 and 2 to take away the lives of the deceased and agreed to pay a sum of Rs.1,50,000/- to accused Nos.1 and 2. In pursuance of the same, accused Nos.1 and 2 conspired with accused Nos.3 to 12 and planned to finish the deceased in the early morning of 1.8.2000 and accordingly hatched a plan.