Bangalore District Court
State By vs Abhilash S/O.Somasundara on 2 November, 2017
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 2nd day of November 2017
PRESENT: Sri.NAGESH MURTHY.B.K,
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.53100/2016
Complainant - State by, Police Sub Inspector
Indiranagar Police Station
/vs/
Accused 1. Abhilash S/o.Somasundara, 25 yrs.
No.178, 9th Cross, Mottappanapalya,
Indiranagar, Bengaluru.
2. Abhishek Gowda S/o.Srinivasa, 22 yrs.
No.114, 9th Cross, 10th Main, Appa
Reddypalya, Indiranagar, Bengaluru.
3. Punith S/o.Srinivas, 20 yrs. No.114, 9th
Cross, 10th Main, Appa Reddypalya,
Indiranagar, Bengaluru.
4. Rupesh Kumar S/o.Venkatesh, 20 yrs.
No.95, New 54, 10th Main, 9th Cross,
Mottappanapalya, Indiranagar,
Bengaluru.
5. Somashekar S/o.Murugan, 23 yrs. No.3
C Street, Illappaya Thopu, Halasur,
Bengaluru.
JUDGMENT
1. The PSI of Indiranagar police station have filed this chargesheet against the accused for the offences punishable u/S.143, 147, 341, 323, 324, 506(B) r/w.149 of IPC.
2 CC No.53100/2016
2. It is alleged by the prosecution that the accused Nos.1 to 5 having common object of assaulting CW.1 on 26/12/2015 at 4.30 PM at Defence Colony Ground, 6th Main, Indiranagar, A.2 asked CW.1 to come to play cricket with him and when CW.1 refused for the same A.1 to A.5 by forming into unlawful assembly being members of unlawful assembly caused rioting, wrongfully restrained CW.1 and A.1 to A.3 assaulted CW.1 with hands and A.4 and A.5 assaulted him with Wicket and Cricket bat voluntarily causing simple injury and A.2 without there being any provocation threatened CW.1 with life by showing a Knife and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered against the accused in Indiranagar P.S., Cr.No.468/2015 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offence was taken and summons was issued to the accused. Accused Nos.1 to 5 have appeared before the court through their counsel and have been released on bail. Copies of 3 CC No.53100/2016 chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charges were framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 1 witness as PW.1 and got marked 2 documents as Exs.P1 and P2. As no incriminating evidence found against the accused his statement u/S.313 of Cr.P.C. was dispensed with.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused Nos.1 to 5 having common object of assaulting CW.1 on 26/12/2015 at 4.30 PM at Defence Colony Ground, 6th Main, Indiranagar, A.2 asked CW.1 to come to play cricket with him and when CW.1 refused for the same A.1 to A.5 by forming into unlawful assembly being members of unlawful assembly caused rioting, wrongfully restrained CW.1 and A.1 to A.3 assaulted CW.1 with hands and A.4 and A.5 assaulted him with Wicket and Cricket bat voluntarily causing simple injury and A.2 without there being any provocation threatened CW.1 with life by showing a Knife and thereby committed the alleged offences?
2. What order?4 CC No.53100/2016
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined complainant Abhishek Reddy as PW.1. He turned hostile by denying forming of an unlawful assembly by accused persons, causing rioting, wrongful restrainment and also assault made to him by accused persons with Cricket bat and also denied any threat to life by showing knife to him. He also denied having made complaint and statement made before the police under Exs.P1 and P3 and drawing of mahazar in his presence under Ex.P2. In the evidence of PW.1 deposed that he has compromised the dispute with accused and as such the prayer of Sr.APP to summon and examine remaining chargesheet witnesses was refused and dropped. Since the material witness PW.1 turned hostile and compromise being reported between the parties, it cannot be held that prosecution has been able to prove the alleged offences beyond reasonable doubt. Accordingly, I answer Point No.1 in the Negative. 5 CC No.53100/2016
10. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos.1 to 5 are acquitted of the alleged offences punishable u/s 143, 147, 341, 323, 324, 506(B) r/w.149 of IPC. Bail bonds of accused Nos.1 to 5 stand cancelled and they are set at liberty.
Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 2nd day of November 2017).
(NAGESH MURTHY.B.K) X A.C.M.M., BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Abhishek Reddy. Nil Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Statement of PW.1.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru 6 CC No.53100/2016