STATE OF KARNATAKA Vs. FIROZ KHAN SON OF JURUR KHAN

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Presiding Officer, Fast Track Court I, Bangalore City in S.C.No.50/2007 dated 23.09.2008 is called in question in this appeal by the State. The respondent/sole accused was tried for the offence under Sections 504 and 302 of IPC and is acquitted.

(2.) THE case of the prosecution in brief is that, the accused and the deceased Bhagavan Behara are from Orissa State; certain of the workers including the accused, deceased, P.Ws.1, 3, 8 and others were brought to Bangalore from Orissa State to work for Billmari Construction Company; all of them were provided with sheds and consequently, they were residing in the sheds; at about 8.30 p.m. on 03.09.2006, the residents of the sheds were performing Brahma, Vishnu and Maheshwara pooja in the shed belonging to the deceased; at that point of time, the accused went to the said place under the influence of alcohol and started abusing the persons, who were performing pooja; C.W.2 (Nanda Behara) asked the accused not to make noise as the pooja was being performed; being enraged, the accused started scolding C.W.2 in filthy language; the deceased intervened and there was quarrel between the accused on the one side and C.W.2 (Nanda Behara) and the deceased on the other; P.W.1/complainant pacified the quarrel and accused went away. After sometime, the accused once again came back to the said place challenging as to how many Hindus are there in the said place; the deceased and C.W.2 went near the accused and told that they are the Hindus; the accused suddenly took a knife from the kitchen and stabbed the deceased on his left ribs. The deceased fell on the ground, immediately P.Ws.1, 8 and others who were present on the scene of the offence encircled the accused and held and tied him with company belt and confined him in the room; the injured was taken to M.S.Ramaiah Hospital for treatment; however unfortunately, the deceased died on the way to the hospital; the complaint came to be lodged as per Ex.P1 by P.W.1 at 11.00 a.m. on 04.09.2006; based on which Mahalakshmi Layout Police Station registered Crime No.231/2006 against the accused. P.W.3 Police Inspector after completion of investigation, filed the chargesheet against the accused.

(3.) IN order to prove its case, the prosecution in all examined 13 witnesses and got marked 18 exhibits and 10 Material Objects. On behalf of the defence, no witness was examined. As aforementioned, the Trial Court acquitted the accused disbelieving the versions of the eye witnesses.