LAWS(KAR)-2019-9-303

STATE Vs. KHALEEL

Decided On September 12, 2019
STATE Appellant
V/S
Khaleel Respondents

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal passed in S.C. No. 638/2009 dated 23.01.2013 on the file of the Fast Track Court-VIII, Bengaluru City.

(2.) The brief facts of the case are; The case of the prosecution is that on 09.03.2009 at about 3.00 p.m., when the complainant-C.W. 1-Siddique Pasha along with his brother deceased-Muzamil Pasha were proceeding in their scooter in front of Sabjan Building, Shyamanna Garden main road, within the limits of Byatarayanapura Police Station, Bengaluru, accused Nos. 1 to 4 wrongfully restrained them in connection with the quarrel took place in respect of purchase of scrap items. The accused No. 1 stabbed the deceased-Muzamil Pasha on the chest, left eye, left hand with knife and accused Nos. 2 and 3 have assaulted the P.W. 1-Siddique Pasha, the brother of the deceased by means of long on his hand when he tried to rescue his brother. It is the case of the prosecution that accused No. 4 abated the accused Nos. 1 to 3 to do away the life of deceased and P.W. 1. In pursuance of his abatement, accused Nos. 1 to 3 have committed the murder of the deceased. The Investigating Officer, after registering the case, investigated the matter and filed the charge sheet for the offences punishable under Sections 341, 307, 302 and 114 read with Section 34 of Indian Penal Code.

(3.) The matter was committed to the Sessions Court after taking the cognizance and the accused persons were secured before the Court. All the accused did not plead guilty and claims the trial. Hence, the prosecution examined the witnesses P.Ws. 1 to 26 and got marked Exs. P.1 to 41. The prosecution also relied upon M.Os. 1 to 10. Accused 313 statement was recorded and thereafter, accused did not choose to lead evidence. However, Exs. D. 1 to 4 are got marked. The Court below acquitted the accused and hence, the present appeal is filed being aggrieved by the judgment and order of acquittal.