Bangalore District Court
Inspector vs Assaulted Him With Iron Rod on 13 November, 2018
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 13th DAY OF NOVEMBER 2018
JUDGMENT
U/Sec. 355 of the Cr.P.C Serial Number of the C.C.10157/2018 case Name of the State by Police Sub complainant Inspector, Kengeri Police station (Reptd. by Sr.Asst.Public Prosecutor ) Name of the accused 1).S. Bhaskar, person/s S/o.Late.Narayanappa, Aged about 35 years, R/At.No.364, Gavipuram road, Chandrashekar Azad Nagar, Gavipuram, Bangalore
2). H.K.Keshava, S/o.Krishnappa, Aged about 23 years, R/o.Hanumapura, Kallya post, Magadi Tq.,
3). Yogesh.D.C, S/o.Chikkanna, Aged about 21 years, R/o.Doddamallavadi, Kunigal Taluk, 2 C.C.10157/2018
4). Uday.V, S/o.Venkateshmurthy, Aged about 20 years, R/At.Guddalahalli, Ajjanahalli Post, Magadi Taluk.
(Reptd.bySri.S.Thimmaiah.A dv., Offences complained of U/Secs.324 r/w Sec. 34 of the IPC.
Date of commencement 17.12.2017 of offence Date of commencement 06.08.2018 of recording evidence Date of closure of 03.09.2018 recording evidence Plea of the accused and Not Guilty his examination :
Offences proved Nil Final Order : Accused Not found guilty Date of final order 13.11.2018
I. Brief statement of reasons for the decision:
1. In support of the case of the prosecution, C.W.1 by name Sri. Aramugam examined as P.W.1 claiming to be injured witness. Further chief examination of this witness 3 C.C.10157/2018 was deferred at the request of learned Sr.Asst. Public Prosecutor for want of property. Subsequently P.W.1 did not turn up for examination inspite of giving sufficient opportunities. Repeatedly NBW was issued against P.W.1.
Repeated issuance of NBW and even after issuance of NBW through DCP and COP, prosecution failed to secure C.W.1/P.W1 for further chief examination. Hence evidence of P.W1 came to be discarded.
2. C.W.4Smt.Muni Lakshmi who is mother of C.W.1 is examined as P.W.2 claiming to be hearsay and circumstantial witness. This witness deposed that C.W.1 was admitted in the deaddiction centre of the accused and after getting discharged the C.W.1 informed that the accused assaulted him with iron rod.
3. C.W.7 Medical officer is examined as P.W.3 and she deposed that she examined C.W.1 on 17,01.2018 and issued wound certificate as per Ex.P.3 and the injuries mentioned in Ex.P.3 are simple in nature and could be caused if a person is assaulted with fibre pipe. 4 C.C.10157/2018
4. The prosecution failed to secure other witnesses inspite of giving sufficient opportunities.
5. The defence of the accused is total denial of the case of the prosecution.
6. This court observed that the prime witness P.W.1 did not turn up for chief examination even after repeated issuance of NBW. Hence evidence of P.W.1 is not helpful to the case of the prosecution.
7. The evidence of P.W.2 is hearsay one and also it is contrary to the case of the prosecution, as to the weapon used by the accused to assault C.W.1. According to the case of the prosecution, the accused assaulted with fibre pipe. P.W.2 deposed as per information given by C.W.1 that accused assaulted him with iron road. Further P.W.2 admitted that she did not give statement before police regarding this case.
5 C.C.10157/2018
8. The evidence of P.W.2 and 3 not sufficient to hold that the accused without any provocation assaulted the C.W.1 with deadly weapon and caused simple injury and thereby committed the offence punishable U/Sec.324 of the IPC.
II. Final Order:
Acting U/Sec.248(1) of Cr.P.C I hereby acquit the accused no.1 to 4 for the offence punishable U/Sec. 324 r/w Sec. 34 of the IPC.
Accused no.1 to 4 are set at liberty forthwith and the bail bond of accused and that of surety stand canceled.
The fibre pipe seized in this case, being worthless, is ordered to be destroyed after lapse of appeal period.
(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 13th day of November 2018).
(Hattikal Prabhu .S) LVI Addl.C.M.M. Bangalore.6 C.C.10157/2018
:ANNEXURE:
1.List of Witnesses examined on behalf of the prosecution:
P.W.1Sri.Aramugham P.W.2 Smt.MuniLakshmi P.W.3Dr.Girija.B
2. List of Documents marked on behalf of the prosecution: Ex.P.1: Complaint Ex.P.1(a): Signature Ex.P.2: Mahazar Ex.P.2(a): Signature Ex.P.3: Wound certificate Ex.P.3(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.