Bangalore District Court
4. Name Of The Accused 1. Nagararj @ ... vs To 3 Are Acquitted on 1 August, 2016
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 1st day of August 2016.
Present : Sri.Mohamed Ashraf Aris, B.A., LL.B.
VIII ADDL. C.M.M., BENGALURU.
C.C. NO. 28334/2014
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 28334/2014
2. The date of 13/05/2014
commission of the
offence
3. Name of the State by Chandra Layout P.S.
complainant
4. Name of the accused 1. Nagararj @ Suttakki, S/o.
late Siddappa, 31 years,
No.21/22, 8th Main
Road,Sanjeevininagar,
Moodalapalya,Bengaluru.
2. Venugopal, S/o. Sudarshan,
21 years, Maruthi Nagar,
Sonnenahalli, Doddabaste.,
Near SVS School,
Bengaluru.
3. Siddaraju, S/o. Siddegowda,
28 years, I Cross,
Nanjarasappa
Badavane,Chandra Layout,
Bengaluru.
2
5. The offence U/sec.324, 326 r/w 34 of
complained of or IPC.
proved
6. Plea of the accused Pleaded not guilty
and his examination
7. Final Order Acting U/sec. 248(1) Cr.PC
Accused-1 to 3 are acquitted.
8. Date of such order 01/08/2016
For the following:-
JUDGMENT
This is the charge sheet filed by the PI, Chandra Layout P.S. against the accused-1 to 3 for the offence punishable U/sec.324, 326 r/w 34 of IPC.
2. The brief facts of the prosecution case is that:
On 13/05/2014 at 10.30 p.m. at Renuka Bar, situated at Moddala Palya, Tent Road, within the jurisdiction of Chandra Layout P.S., accused-1 to 3 in furtherance of common intention to commit an offence picked up quarrel with CW.4 and accused-1 and 2 assaulted with beer bottle on the face of CW.4, accused-3 assaulted CW.4 with club thereby caused simple and 3 grievous injuries to C.W.4 and thereby committed the alleged offence.
3. Accused -1 to 3 are on bail. Copies of the charge sheet papers were furnished to the accused. The accused pleaded not guilty to the charge read over to them. Prosecution examined PWs:1 and 2 and got marked Ex.P.1 and 2. Accused have been questioned u/sec. 313 of Cr.PC., accused have not led any defence evidence.
4. Heard arguments of both the sides .
5. The points that arise for determination are as follows:
1) Whether the prosecution proves beyond all reasonable doubt that on 13/05/2014 at 10.30 p.m. at Renuka Bar, situated at Moddala Palya, Tent Road, within the jurisdiction of Chandra Layout P.S., accused-1 4 to 3 have committed the offence punishable U/sec.324, 326 r/w 34 of IPC. ?
2) What order?
6. The answer to the above points are as follows:
Point No.1 In the negative Point No.2 As per final order for the following:
REASONS
7. Point No.1:-
In order to bring home the guilt of accused, the prosecution has examined PW.1 and 2. PW.1 and 2 have turned hostile in toto to the case of the prosecution. PW.2, who is the complainant has deposed that, he know the accused and he has not assaulted CW.4, who is his nephew with beer bottle or club. PW1 further deposed that he has not given complaint before the police as per Ex.P.2. PW.2 has deposed in consonance with the evidence of 5 PW.1. But, in the cross examination PW.2 has deposed that, he has compromised the matter with the accused and he does not wish to continue the proceedings against the accused. When the material witness has turned hostile and did not support the prosecution case, the prayer of Sr.APP for summoning other witnesses has been rejected and side closed. There is no incriminating evidence against the accused. Therefore, point no.1 is answered in the negative.
8. Point No.2:- In the result the following order is passed:
ORDER Acting under Section-248(1) of Cr.P.C., the accused- 1 to 3 are hereby acquitted of the offence punishable U/sec.324, 326 r/w 34 of IPC.
Bail bonds of accused and their surety bonds stand cancelled.
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Seized property being worthless, ordered to be destroyed after appeal period is over.
(Dictated to the stenographer, transcript thereof, corrected and then pronounced by me in the open court this the 1st day of August 2016.) (Mohamed Ashraf Aris) VIII Addl.C.M.M. Bengaluru.
Annexure:
1.List of Witnesses examined on behalf of the prosecution:
P. Ws:
1. Mahadev
2. Harish.
2.List of Documents marked on behalf of the prosecution:- Ex.Ps:
1. Statement of PW.1
2. Complaint.
3.List of Material objects marked on behalf of the prosecution:- -NIL-
4.List of witnesses and documents marked on behalf of the accused:- - NIL -
VIII Addl. C. M. M. Bengaluru.