Dubai: Prosecutors lost their appeal as a court confirmed the dismissal of the case against a truck driver who was charged with trying to kill his co-worker with a knife over a parking row.

The 43-year-old Indian driver surprised his countryman co-worker by allegedly punching and kicking him and then stabbing him five times near his truck in April 2016.

The driver allegedly pinned his co-worker down to the ground and then dragged out a knife that he had kept behind his back and stabbed him.

In March, the Dubai Court of First Instance dropped the murder bid charge against the 43-year-old defendant after he reconciled with the victim.

The primary court dismissed the case after the defendant obtained a written waiver from the victim.

The victim showed up in court and testified that he had pardoned the defendant.

However, prosecutors appealed the primary ruling before the Appeal Court and sought to have the dismissal overturned and asked to have the defendant imprisoned.

The Appeal Court presiding judge, Saeed Salem Bin Sarm, rejected the prosecutors’ appeal and upheld the dismissal of the case against the 43-year-old.

The incident happened when the defendant beat the victim and stabbed him in his stomach wanting to kill him.

Swift medical intervention helped save the victim who was rushed to hospital following the assault.

“I did not intend to kill him. He attacked me first and I acted in self-defence,” the defendant told the appellate court.

The victim said the incident happened shortly after he had scolded the defendant for parking his truck where he usually parked his truck.

“I scolded him for taking my parking in the sandy area in Ras Al Khor. I parked in a different spot and then went to a restaurant to get my dinner at 7.30pm. I had my dinner in my truck and then went to the bathroom. When I returned and was about to climb into my truck, the defendant came and punched me in my eye. Then he pinned me down to the ground and kicked me … he then took out a knife and stabbed me. He was drunk. While stabbing me, he shouted ‘You die … you die’. He wanted to kill me. Then a few Pakistani colleagues intervened and stopped him,” he said.

The appellate ruling remains subject to appeal before the Cassation Court within 28 days.