Bangalore District Court
P.S vs To 3 Are on 4 August, 2016
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 4th day of August 2016.
Present : Sri.Mohamed Ashraf Aris, B.A., LL.B.
VIII ADDL. C.M.M., BENGALURU.
C.C. NO. 10103-13
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 10103-13
2. The date of 30/03/2013
commission of the
offence
3. Name of the State by Gangammagudi
complainant P.S.
4. Name of the accused 1) Lakshman, S/o.
Raghavan,26 years,
No.2,4th Block, Near
Doddamma Temple ,
Siddartha Nagar,
Jalahalli West,
Bengaluru.
2) Narasimha,
S/o.Raghavan,32 years,
No.2,4th Block, Near
Doddamma Temple ,
Siddartha Nagar,
Jalahalli West,
Bengaluru.
2
3) Nagabhushan, S/o.
Raghaiah, 50 years, No.2,
4th Block, Near
Doddamma Temple ,
Siddartha Nagar,
Bengaluru.
5. The offence U/sec.341, 324, 326, 504,
complained of or 354 r/w 34 of 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 04/08/2016
For the following:-
JUDGMENT
This is the charge sheet filed by the PSI, Gangammagudi P.S. against the accused-1 to 3 for the offence punishable U/sec.341, 324, 326, 504, 354 r/w 34 of IPC.
2. The brief facts of the prosecution case is that: 3
On 30/03/2013 at about 5 p.m. near House No.53, situated at Jalahalli West, Siddarthanagar, 4th Block, accused-1 and 3 in furtherance of common intention to commit an offence picked up quarrel with CW.1 and in the above said transaction wrongfully restrained CW.1, assaulted with stone on the shoulder of CW.1 thereby caused simple injuries and also assaulted with an iron pipe on the forehead of CW.1 and on the backside head of CW.4 thereby caused grievous injuries. Further, accused have abused CW.1 in filthy language knowingly such insult will provoke breach of peace and picked up quarrel with CW1 and when CW.6 came to pacify the quarrel at that time accused misbehaved with CW.6 by pull her sari and tried to outrage her modesty in public 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 4 pleaded not guilty to the charge read over to them. Prosecution examined PWs:1 to 3 and got marked Ex.P.1 to
4. 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 30/03/2013
at about 5 p.m. near House
No.53, situated at Jalahalli
West, Siddarthanagar,
accused-1 to 3 have
committed the offence
punishable U/sec.341, 324,
326, 504, 354 r/w 34 of
IPC.?
2) What order?
5
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:-
CW.1 has been examined as PW.1. He has stated in his chief-examination that on 30/03/2013 at 5 p.m. after finishing his work when he was coming to his house, CW.7 told that the accused picked up quarrel and the accused-3 abused her in filthy language and caught hold of her and the accused-1 assaulted her with a stone and the accused- 2 assaulted her with an iron rod. Further he has stated that CW.7 told that, the accused persons caught hold of CW.6 and out ranged her modesty by pulling her sari and that the accused-3 assaulted CW.4 with a stone and when she went to Laxmipura Hospital for treatment and that she was unconscious. However, in his further chief- 6
examination he has stated that he has not given any statement before the police and that he cannot identify the stone or the iron pipe or the shirt . He was treated as hostile and cross-examined by Sr.APP. He has denied the case of the prosecution. He has stated that he has not given any statement before the police and he has only put his thumb impression in Ex.P1. In the cross-examination by the counsel for the accused this witness has stated that he cannot say, who were the persons quarreling, since it was dark he could not identify the accused persons and he does not know among the group, who were the persons assaulted him. He has also stated that, he cannot say that CW.6 was present at the spot at that time. He has admitted that, MO-2 is not a rod, but it is a pipe. Further, he has stated that somebody told him that the accused might be the persons, who assaulted him and therefore he has stated so in the chief-examination. 7
8.CW.1 has been examined as PW.3 and CW.6 has been examined as PW.2. Both of them have turned hostile and did not support the prosecution case. In the cross- examination they have admitted that they have compromised the matter with the accused.
9.All the material witnesses i.e., PW.1 to 3 have turned hostile and did not support the prosecution case. There is no incriminating evidence against the accused. Under these circumstances, the prayer of Sr.APP for summoning the other witnesses rejected and side closed. The evidence of PW.1 to 3 is not useful for the prosecution to establish the alleged offence. There is no evidence to connect the accused with the crime. Therefore, point no.1 is answered in the negative.
10. Point No.2:- In the result the following order is passed:
8
ORDER Acting under Section-248(1) of Cr.P.C., the accused- 1 to 3 are hereby acquitted of the offences punishable U/sec.341, 324, 326, 504, 354 r/w 34 of IPC.
Bail bonds of accused and their surety bonds stand cancelled.
MOs-1 to 3 are 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 4th 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. Ganganna
2. Narasimha Murthy
3. Chandrakala
2.List of Documents marked on behalf of the prosecution:- Ex.Ps:
1. PW.1 thumb impression on written paper.
2. Statement of PW.2
3. Mahazar
4. Statement of PW.3.9
3.List of Material objects marked on behalf of the prosecution:-
MOs:
1) Stone
2) Iron Pipe
3) Blood stained shirt.
4.List of witnesses and documents marked on behalf of the accused:- - NIL -
VIII Addl. C. M. M. Bengaluru.
10 11 ORDER 12 Acting under Section-248(1) of Cr.P.C., the accused- 1 to 3 are hereby acquitted of the offences punishable U/sec.341, 324, 326, 504, 354 r/w 34 of IPC.
Bail bonds of accused and their surety bonds stand cancelled.
MOs-1 to 3 are ordered to be destroyed after appeal period is over.
VIII Addl.C.M.M. Bengaluru.