Bangalore District Court
State By Jp Nagar vs Sathish on 2 September, 2022
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 2nd day of September, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 1156/2020
Date of Offence 09.12.2018
Complainant State by JP nagar, Police
Station.
V/s.
Accused 1-Sathish,
S/o.Murugan,
Aged about 20 years.
R/at.No.73, Rajeshwari
Slum, Shakambari Nagar,
J.P Nagar 1st Phase,
Bengaluru City.
2- Karthik,
S/o. Ravi,
Aged about 24 years,
R/at.No.160, Rajarajeshwari
Slum, Shakambari Nagar,
J.P Nagar 1st Phase,
Bengaluru City.
2 C.C.No.1156/2020
3- Mohan,
S/o.Sathish,
Aged about 19 years,
R/at.No.160,
Rajarajeshwari
Slum, Shakambari Nagar,
J.P Nagar 1st Phase,
Bengaluru City.
Offences U/s.341, 504, 324, 506-
B r/w. 34 of IPC.
Plea Recorded on 10.8.2022 and
accused persons Pleaded not
guilty.
313 Statement recorded Dispensed with
on:
Final Oder Accused No.1 to 3 is acquitted
Date of Order 02-09-2022
*****
JUDGMENT
The PSI of JP Nagara, Police Station has filed charge sheet against accused for the offences punishable U/s.341, 504, 324, 506-B r/w. 34 of IPC.
2. The brief facts of the prosecution case are as follows: 3 C.C.No.1156/2020
It is alleged that, on 9.12.2018 at about 12.45pm during afternoon times, when CW4 and CW5 were playing cricket at nirambika school play ground, situated at JP nagar 1 st Phase, at that time, when the ball reached the accused persons, CW4 and CW5 requested him to return back the ball. But the accused did not return the ball and in furtherance of the common intention wrongfully restrained the CW1, abused him in filthy language, so as to cause breach or public peace, assaulted with hands and caused simple injury and also assaulted with the bat and caused grievous injuries, further criminally intimidated with dire consequences if they come again to play cricket at the play ground and thereby committed the aforesaid offences. In this regard, CW1 lodged complaint before the jurisdictional police. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused persons for the aforesaid offences.4 C.C.No.1156/2020
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused persons.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C.
5. The charge is framed, contents of charge have 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. In order to prove the guilt of the accused persons, prosecution has examined 1 witnesses as PW1 and 2 documents are got marked as Ex.P.1 & P.2 In order to secure other witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other 5 C.C.No.1156/2020 remaining witnesses are dropped and statement of accused u/S.313 of Cr.P.C. is dispensed with.
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 9.12.2018 at about 12.45pm during afternoon times, when CW4 and CW5 were playing cricket at nirambika school play ground, situated at JP nagar 1st Phase, at that time, when the ball reached the accused persons, CW4 and CW5 requested him to return back the ball. But the accused did not return the ball and in furtherance of the common intention wrongfully restrained the CW1 and thereby committed an offence punishable U/s. 341 r/w. 34 of IPC., within my cognizance. ?6 C.C.No.1156/2020
2. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, abused CW1 in filthy language, so as to cause breach or public peace and to insult him, and also assaulted with the bat and caused grievous injuries, further criminally intimidated with dire consequences if they come again to play cricket at the play ground and thereby committed an offence punishable under Section 504 of IPC, within my cognizance .?
3. Further, you accused person on the aforesaid date, time, place and under aforesaid circumstances, assaulted CW1 with hands and has caused hurt and thereby committed an offence punishable under Section 323 r/w. 34 of IPC, within my cognizance.?
4. Further, you accused person on the aforesaid date, time, place and under aforesaid circumstances, assaulted CW1 with cricket bat and caused grievous 7 C.C.No.1156/2020 injuries and thereby committed an offence punishable under Section 324 r/w. 34 of IPC, within my cognizance.?
5. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, have threatened the CW1 caused criminal intimidation by posing life threat and thereby committed an offence punishable under Section 506 r/w. 34 of IPC, within my cognizance .?
6. 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 : As per final order
......................... for the following.., 8 C.C.No.1156/2020 REASONS
10. Point No.1 to 5 :-According to prosecution case, PW1 being the main and direct witnesses to the alleged incident, has not supported the prosecution case. Even though the learned Sr.APP has cross-examined them by treating hostile, no material is brought from the mouth of PW1.
11. After recording ocular evidence of PW1, the learned Sr.APP prays for issuance of summons to other remaining witnesses. In this case, the main witnesses has not supported the prosecution, hence, re-issuing summons, NBW and proclamation to the other remaining witnesses will not serve any purpose. Therefore, prayer of the learned Sr.APP is rejected and statement of the accused U/s.313 of Cr.P.C is dispensed with. By considering ocular evidence of PW1 this court held that, prosecution has utterly failed to prove the guilt of the accused person. Accordingly, Point No.1 to 5 is answered in the Negative. 9 C.C.No.1156/2020
12. Point No.5: In view of the Negative findings on the above point No.1 to 4, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 to 3 are acquitted of the alleged offences punishable U/s.341, 504, 324, 506- B r/w. 34 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 2 nd day of September 2022).
(I.P Naik.) 30th A.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Smt. Rashmi Prashanth 10 C.C.No.1156/2020
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.2 : Mahazar
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL IP (I.P.Naik) NAIK 30th Addl.C.M.M., B'lore. Digitally signed by I P NAIK Date:
2022.09.05 14:45:58 +0530 11 C.C.No.1156/2020 Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 to 3 are acquitted of the alleged offences punishable U/s.341, 504, 324, 506- B r/w. 34 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) 30 th Addl.C.M.M., B'lore.12 C.C.No.1156/2020