Bangalore District Court
Inspector vs Beyond All Reasonable Doubts on 19 January, 2019
IN THE COURT OF LVI ADDL. CHIEF METROPOLITAN
MAGISTRATE, BANGALORE
PRESENT: SRI.HATTIKAL PRABHU.S.
M.A.,LL.B(Spl) LL.M.,
DATED THIS THE 19th DAY OF JANUARY 2019
JUDGMENT
U/Sec. 355 of the Cr.P.C Serial Number of the C.C.2636/2017 case Name of the State by Police Sub complainant Inspector, Malleswaram Police station (Reptd. by Sr.Asst.Public Prosecutor ) Name of the accused 1). Gopinath.R, person/s S/o.B.Ramaiah, Aged about 50 years, R/At.No.34, 3rd cross, Marappa Garden, Benson Town Post, Bangalore,
2). Dr.A.Balaji Rao, S/o. Krishnaiah, Aged about 45 years, R/at. No. 169/1, Balaji Nilaya, 2nd cross, Ramaiah North City, Bangalore.
3). Raju, S/o.Late. Ganganna, Aged about 45 years, R/at.No.715, 4th cross, near Karnataka Bank ATM, 2 C.C.2636/2017 Sunkadakatte, Bangalore 91. (Reptd. by Sri.C.H.Srinivas ..Adv., Offences complained U/Secs.448, 341, 504, 506 of 323 r/w Sec.34 of IPC.
Date of commencement of 29.11.2016 offence Date of commencement of 05.11.2018 recording evidence
Date of closure of 05.11.2018 recording evidence Plea of the accused Not Guilty and his examination :
Offences proved Nil Final Order : Accused Not found guilty Date of final order 19.01.2019
I. Brief statement of reasons for the decision:
1. In support of the case of the prosecution, C.W.9-
PSI-Sri.H.R.Srinivasaiah examined as P.W.1. This P.W.1 in his evidence deposed that on 29.11.2016 C.W.1-Ramesh appeared before him and lodged complaint as per Ex.P.1. Further he deposed that he registered the crime and on 3 C.C.2636/2017 the same day he proceeded to the spot and drew mahazar as per Ex.P.3.
Further he deposed that on 30.07.2016 he recorded the statements of C.W.2, 5 to 8 and secured the medical report and after completion of investigation, he filed charge sheet against the accused.
In the cross examination this witness by denying the suggestions posed, withstood to his version.
2. Prosecution failed to secure C.W.1 to 8 inspite of giving sufficient opportunities. Repeatedly NBW was issued against the said witnesses. NBW was issued through DCP and later NBW was issued through COP also. After giving sufficient opportunities, as per order dated 29.12.2018, prayer of Sr.Asst.Public Prosecutor to re-issue NBW to other witnesses is rejected and examination of C.W's 1 to 8 is dropped. The prosecution evidence is taken as closed.
3. The defence of the accused is total denial of the case of the prosecution.
4 C.C.2636/2017
4. The prime witness/informant of crime and eye witnesses are not secured by the prosecution and examined. The evidence of P.W.1 is not sufficient to establish the guilt of the accused. Hence this court held that the prosecution failed to bring home the guilt of the accused beyond all reasonable doubts.
II. Final Order:
Acting U/Sec.248(1) of Cr.P.C I hereby acquit the accused for the offences punishable U/Secs. 448, 504, 323, 506 r/w Sec. 34 of the IPC.
Accused no.1 to 3 are set at liberty forthwith and the bail bond of accused and that of surety stand canceled. (Judgment dictated to the stenographer, transcribed and typed by her, transcript thereof, corrected and then pronounced by me in the open court on this the 19th day of January 2019).
(Hattikal Prabhu .S) LVI Addl.C.M.M. Bangalore. 5 C.C.2636/2017 :ANNEXURE:
1.List of Witnesses examined on behalf of the prosecution:
P.W.1-Sri. H.R.Srinivasaiah-Retired PSI
2. List of Documents marked on behalf of the prosecution:-
Ex.P.1- Complaint Ex.P.1(a)- Signature Ex.P.2-FIR Ex.P.2(a)-Signature Ex.P.3-Mahazar Ex.P.3(a)- Signature Ex.P.4-Medical report Ex.P.4(a)-Signature
3. List of witnesses and documents marked on behalf of the accused NIL
4. List of Material objects marked on behalf of the prosecution:
NIL (Hattikal Prabhu.S) LVI Addl.C.M.M. Bangalore.