Bangalore District Court
State By Yelahanka New Town Police ... vs No. : 1. Praveen on 25 June, 2016
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 25th day of June 2016
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.24822/2012
Complainant : State by Yelahanka New Town Police station
(By Asst.Public Prosecutor)
-V/s-
Accused No. : 1. Praveen,
S/o Narayanappa,
Aged about 20 years,
R/at Heggadihalli village,
Thoobagere Hobli,
Doddaballapura Taluk,
Bengaluru Rural District.
2. Madhu,
S/o Munivenkategowda,
Aged about 20 years,
R/at Sathanur village,
Bagalur Post,
Jala Hobli, Bengaluru North Taluk.
3. Prabhakar,
S/o Gingegowda,
Aged about 34 years,
R/at Heggadihalli village,
2 C.C.No.24822/2012
Thoobagere Hobli,
Doddaballapura Taluk,
Bengaluru Rural District.
(By Sri.C. Babu, Advocate)
JUDGMENT
The PSI of Yelahanka New Town Police Station has filed charge sheet against accused No.1 to 3 for the offences punishable U/s.141, 143, 148, 323, 324, 427, 506 r/w 149 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, C.W. 1 Sri. Ravi Kumar.M being the Associated NCC Officer in Vivekananda College, Rajajinagar, has attended and participated in exams and parade conducted on 26/12/2011 to 01/01/2012 for Training Grade of 'A' and 'B' NCC Certificate, along with his college students went to KHB ground, situated behind Sheshadripuram College, within the limits of Yelahanka New Town Police Station, participated in the parade on the last day i.e. on 31/12/2011 in which students of both Vivekananda College and Sheshadripuram college attended the said 3 C.C.No.24822/2012 parade. By that time, in between 3.45 to 4.45 p.m. galata took place between the students of both the colleges in connection with the matter relating to parade. After finishing parade, when C.W. 1 along with his students were inside their college bus, due to old ill-will, Sheshadripuram college students along with five outside students entered the said bus, among them accused No.1 to 3 assaulted C.W. 4 Girish and C.W. 5 Nagaraju with cement block on their heads causing bleeding injuries and other accused persons assaulted C.W. 6, 8 and other inmates of the bus with their hands causing bodily pain to them. Accused No.3 and other accused persons broke the backside glass of bus with stone causing mischief to the tune of Rs.20,000/- and threatened them with dire consequences.
Therefore, C.W.1 who is NCC Officer of Vivekananda College has lodged complaint before the jurisdictional police. As such, this case came to the registered against the accused. During the course of investigation I.O visited the place of incident, seized the cement block and broken glass piece of the vehicle and subjected the same 4 C.C.No.24822/2012 under P.F. No.156/2011, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused No.1 to 3 are on bail and they are represented through their counsel.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 141, 143, 148, 323, 324, 427, 506 r/w 149 of IPC has been taken as per Sec.190 of Cr.P.C.
5. The Charge is recorded, contents of Charge has been read over and explained to the accused persons in the language known to them, they pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case has examined the complainant as P.W. 1 and got marked two documents at Ex.P1 and 5 C.C.No.24822/2012 P2. Though, the prosecution in order to prove its case has cited as many as 15 witnesses, except C.W. 1, none of the witnesses i.e. C.W. 2 to 15 have turned up before the court inspite of taking coercive steps like issuance of warrants, summons and even proclamation. It is to be observed that, the charge is framed in the year 2014 and till now C.W. 2 to 15 have been secured and no satisfactory explanation has been offered. Therefore, by considering the long standing pendency of the case, the prayer of the prosecution is rejected and C.W. 2 to 15 have been discharged from deposing evidence. As there is no incriminating evidence against the accused persons, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 31/12/2011, at KHB ground, situated behind Sheshadripuram College, within the limits of 6 C.C.No.24822/2012 Yelahanka New Town Police Station, C.W. 1 Sri. Ravi Kumar.M along with his students participated in the parade. As it was last day of parade, students of both Vivekananda College and Sheshadripuram college attended the said parade and in between 3.45 to 4.45 p.m. galata took place between the students of both college with regard to the matter of parade. During that time all the accused persons in furtherance of common object formed an unlawful assembly, picked up quarrel and thereby committed an offence punishable U/s.143 r/w 149 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object formed themselves in an unlawful assembly causing riot and thereby committed an offence punishable U/s.147 r/w 149 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object formed themselves in an unlawful assembly by causing a riot, during that time accused persons were holding deadly weapons and thereby committed an offence punishable U/s.148 r/w 149 of IPC?7 C.C.No.24822/2012
4. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons infurtherance of common object formed themselves in an unlawful assembly, when C.W. 1 along with his students were inside their college bus, during that time due to said ill-will, Sheshadripuram college students along with five outside students entered the said bus, among them accused No.1 to 3 assaulted C.W. 4 Girish and C.W. 5 Nagaraju with cement block on their heads causing bleeding injuries and thereby committed an offence punishable U/s.324 r/w 149 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object formed themselves in an unlawful assembly and other accused persons assaulted C.W. 6, 8 and other inmates of the bus with their hands causing bodily pain to them and thereby committed an offence punishable U/s.323 r/w 149 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object formed themselves in to an unlawful assembly, 8 C.C.No.24822/2012 Accused No.3 and other accused persons broke the backside glass of bus with stone causing mischief to the tune of Rs.20,000/-
and thereby committed an offence punishable under Section 427 r/w 149 of IPC?
7. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, all the accused persons in furtherance of common object threatened them with dire consequences and thereby committed an offence punishable under Section 506 r/w 149 of IPC?
8. What Order?
9. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : IN THE NEGATIVE
Point No.8 : As per final order for the following
9 C.C.No.24822/2012
REASONS
10.Points No.1 to 7: All these points involve similar set of
facts and circumstances, hence, taken up together for common discussion.
11. The prosecution in order to establish its case has cited as many as 15 witnesses and successful in examining its complainant C.W. 1 as P.W. 1. This case has been registered on the back ground of an assault said to have been caused by the accused persons on C.W. 4 to 6, 8 and other inmates of the bus with regard to the matter of parade. In this connection complainant Sri. Ravi Kumar.M. is examined as P.W. 1. No doubt, P.W. 1 in the beginning has deposed as per the version of his complaint. Later, he has turned hostile to the extent that, he has not even identified the accused persons who were present before the court and has not deposed anything against the accused persons. When such is the circumstances, since the alleged incident took place in a mob, without identification of accused persons, it cannot be held that, they are guilty minded. 10 C.C.No.24822/2012 Further, it is pertinent to note that, on 07/05/2014 this court has framed charge and this court has extended fullest assistance to secure the witnesses by issuing summons, warrants and proclamation to C.W. 2 to 15. As such, by considering the long standing pendency of the case, C.W.2 to 15 have been dropped from deposing evidence. As a result, the prosecution has failed to prove the charge leveled against the accused persons with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 7 are answered in the Negative
12.Point No.8: In view of the negative findings on the above points No.1 to 7, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C., accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s. 141, 143, 148, 323, 324, 427, 506 r/w 149 of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.11 C.C.No.24822/2012
Items No.1 and 2 seized under P.F. No.156/2011 being worth less are ordered to be destroyed after the expiry of the appeal period.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 25th day of June 2016).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW-1: Ravi Kumar M.S.
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1 Ex.P.2 : Mahazar Ex.P.2(a) : Signature of P.W. 1
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.12 C.C.No.24822/2012
Judgment pronounced in Open Court vide separate:-
ORDER Acting U/s.248(1) of Cr.P.C., accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s. 141, 143, 148, 323, 324, 427, 506 r/w 149 of IPC.
The bail & bail bond of the
accused and sureties shall stands
cancelled.
Items No.1 and 2 seized under
P.F. No.156/2011 being worth less are ordered to be destroyed after the expiry of the appeal period (Mala N.D) XLIV Addl.C.M.M., B'lore.13 C.C.No.24822/2012