Bangalore District Court
Unknown vs No.1 Has Assaulted Oe The Stomach Of ... on 11 October, 2019
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 11th day of October 2019.
Present: Shri V.Jagadeesh, B.Sc., LL.M.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.14712/2017
Date of Ofeece : 10-5-2018
Name of complaieaet : State by Gaegammagudi Police
Statioe, Beegaluru.
Name of accused : 1. Goutham
s/o M.G.Kumar,
aged 21 years,
r/o No.52, 9th cross,
Kote Naejamma Layout,
Abbigere, Lakshmipura
maie road, Beegaluru,
2. Rathae s/o Devid,
aged 22 years,
r/o No.Nijesh's house,
9th cross, Kammagoedaeahalli,
Beegaluru,
3. Sudheer s/o Ramaeaiah,
aged 20 years, eear Sai Clieic,
6th cross, Kala road,
Kammagoedaeahalli,
Beegaluru,
2 C.C.No.14712/2017
4. Saedesh s/o Gaeesh,
aged 21 years,
r/o Mueiveekatappa's buildieg,
Froet of college, behied petrol
buek's coreer house,
Kammagoedaeahalli,
Beegaluru.
Ofeeces complaieed of: U/s.341, 323, 326 504
r/w Sec.34 of IPC
Plea of accused : Pleaded eot guilty
Fieal Order : Accused are acquitted
Date of Order : 11-10-2019.
JUDGMENT
The Sub-Iespector of Police, Gaegammagudi Police Statioe, Beegaluru has fled the charge sheet agaiest the accused Nos.1 to 4 for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC.
2. It is the case of the prosecutioe that, oe 29-3-2017 at about 5.30 p.m, whee C.Ws.1 aed 4 were proceedieg, 3 C.C.No.14712/2017 the accused Nos.1 to 4 have restraieed them aed accused No.1 has assaulted oe the stomach of C.W.4 with bottle aed caused bleedieg iejuries, accused No.2 has assaulted him with haeds aed accused Nos.3 aed 4 have abused him ie flthy laeguage aed caused simple iejuries. Ueder such circumstaeces, the complaieaet has fled a complaiet agaiest the accused Nos.1 to 4 before the jurisdictioeal police. Accordiegly, Gaegammagudi police have registered the case agaiest the accused Nos.1 to 4 for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC ie Crime No.53/2017. The Ievestigatieg Ofcer, after completioe of ievestigatioe, has fled the charge sheet agaiest the accused Nos.1 to 4 for the alleged ofeeces.
3. After appearaece of the accused Nos.1 to 4, eecessary documeets, as relied oe by the prosecutioe, are fureished to the accused Nos.1 to 4, as provided 4 C.C.No.14712/2017 ueder Sectioe 207 of Cr.P.C. Charge has beee framed aed same is read over aed explaieed to the accused Nos.1 to 4. The accused Nos.1 to 4 pleaded eot guilty aed claims to be tried. Therefore, the case was posted for prosecutioe evideece.
4. C.Ws.1 to 9 have beee cited as charge sheet witeesses. Ie order to prove the guilt of the accused Nos.1 to 4, durieg the course of trial, C.Ws.7, 6 aed 9 are examieed as P.Ws.1 to 3 respectively aed got marked Exs.P1 to P4 aed ideetifed M.O.1. So far as other charge sheet witeesses are coecereed, their preseece is eot secured, iespite of sufcieet time aed repeated issuaece of summoes, warraets aed proclamatioe. Therefore, they are dropped.
5. After completioe of prosecutioe evideece, the statemeet of the accused Nos.1 to 4 was recorded 5 C.C.No.14712/2017 ueder Sectioe 313 of Cr.P.C. The accused Nos.1 to 4 have eot adduced aey defeece evideece oe their behalf. Therefore, there is eo defeece evideece oe behalf of the accused Nos.1 to 4.
6. Heard the argumeets of leareed Seeior A.P.P. aed couesel appearieg for accused Nos.1 to 4. The poiets that would arise for my coesideratioe are as ueder:
1. Whether the prosecutioe proves beyoed all reasoeable doubt that, the accused Nos.1 to 4 have committed the ofeece pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC?
2. What order ?
7. My aeswer to the above poiets are as ueder:
Poiet No.1: Ie the Negative. Poiet No.2: As per feal order, for the followieg: 6 C.C.No.14712/2017
REASONS
8. Point No.1:- The coeteetioe of the prosecutioe is that oe 29-3-2017 at about 5.30 p.m, whee C.Ws.1 aed 4 were proceedieg, the accused Nos.1 to 4 have restraieed them aed accused No.1 has assaulted oe the stomach of C.W.4 with bottle aed caused bleedieg iejuries, accused No.2 has assaulted him with haeds aed accused Nos.3 aed 4 have abused him ie flthy laeguage aed caused simple iejuries aed thereby the accused Nos.1 to 4 have committed the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC.
9. Ie order to prove the guilt of the accused Nos.1 to 4 for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC, C.Ws.7 aed 6 are examieed as P.Ws.1 aed 2. P.Ws.1 aed 2 are the Police Coestables workieg ie Gaegammagudi Police Statioe, 7 C.C.No.14712/2017 who have deposed ie chief-examieatioe that their Seeior ofcer have deputed them to arrest the accused persoes. Siece the accused No.4 was eot ie the house they have submitted the report accordiegly. The evideece of P.Ws.1 aed 2 is eot sufcieet to prove the guilt of the accused.
10. The Ievestigatieg Ofcer C.W.9 is examieed as P.W.3 P.W.3 has deposed with regard to registratioe of a case, coeductieg the mahazar aed recordieg the statemeet of witeesses aed obtaieieg woued certifcate form the hospital aed ideetifed brokee bottle pieces as M.O.1. The evideece of P.W.3 is eot sufcieet to prove the guilt of the accused Nos.1 to 4, because mere registratioe of a case aed flieg of charge sheet is eot sufcieet to prove the guilt of the accused Nos.1 to 4. It is very importaet poiet to be eoted at this stage itself that the material witeesses eamely complaieaet aed 8 C.C.No.14712/2017 other medical ofcers aed mahazar witeesses are eot examieed ie the preseet case. Noe-examieatioe of material witeesses is fatal to the case of the prosecutioe. Therefore, the evideece of P.Ws.1 to 3 is eot sufcieet to prove the guilt of the accused Nos.1 to 4 for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC, beyoed all reasoeable doubt. Heece, it is held that the accused Nos.1 to 4 are eetitled for acquittal for the alleged ofeeces. Accordiegly, I aeswer poiet No.1 ie the negative.
11. Point No.2:- Ie view of my aeswer oe the poiet No.1, I proceed to pass the followieg:
ORDER The accused Nos.1 to 4 are eot foued guilty for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC. Therefore, they are 9 C.C.No.14712/2017 acquitted for the said ofeeces ueder Sectioe 248(1) Cr.P.C.
The bail aed surety boeds of the accused Nos.1 to 4 staeds caecelled.
M.O.1 beieg worthless, is ordered to be destroyed after appeal period is over. (Dictated to the steeographer, traescribed by her, revised, corrected aed thee proeoueced by me ie opee court oe this the 11th day of October 2019).
(V.Jagadeesh) I Addl. CMM., Beegaluru.
ANNEXURE List of witeesses examieed oe behalf of prosecutioe:-
P.W.1, Melagiri, P.W.2, Jagaeeath, P.W.3, Rajappa;
List of documeets marked oe behalf of prosecutioe:-
Ex.P1, Report,
Ex.P2, Report,
Ex.P3, Spot mahazar,
Ex.P4, Woued certifcate;
10 C.C.No.14712/2017
List of material object:
M.O.1, Beer bottle pieces;
List of witeesses examieed oe behalf of the defeece:-
NIL List of documeets marked oe behalf of the defeece:-
NIL (V.Jagadeesh) I Addl. CMM., Beegaluru.11 C.C.No.14712/2017
11/10/2019 State by Sr.APP Accused Nos.1 to 4 C/B For Judgmeet (Judgmeet proeoueced ie the Opee Court) ORDER The accused Nos.1 to 4 are eot foued guilty for the ofeeces pueishable ueder Sectioes 341, 323, 326 aed 504 r/w Sectioe 34 of IPC. Therefore, they are acquitted for the said ofeeces ueder Sectioe 248(1) Cr.P.C.
The bail aed surety boeds of the accused Nos.1 to 4 staeds caecelled.
M.O.1 beieg worthless, is ordered to be destroyed after appeal period is over.
(V.Jagadeesh), I ACMM, Beegaluru.12 C.C.No.14712/2017 13 C.C.No.14712/2017 14 C.C.No.14712/2017