Bangalore District Court
Station vs No.1 To 3 And 5 Are on 7 October, 2022
1 C.C.No.9545/2016
KABC030236752016
Presented on : 07-04-2016
Registered on : 07-04-2016
Decided on : 07-10-2022
Duration : 6 years, 6 months, 0 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 7th day of October 2022
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.9545/2016 Date of commission of the
2. 17.10.2015 offence (As per F.I.R.) Thyagarajanagara Police
3. Name of the complainant Station, Bengaluru City
4. Name of the accused 1. Gopal @ Kunta Gopal, S/o Seetharamaiah, Aged about 50 years,
2. Smt.Ashwathamma, W/o Gopal, Aged about 45 years, 2 C.C.No.9545/2016 Both are R/at No.35/3, 7th Cross, Bhovi Colony, Thyagarajanagar, Bengaluru.
3. Doreswamy @ Dore, S/o Chinnappa, Aged about 57 years, R/at No.46, 5th Cross, 3rd Block, Bhovi Colony, Thyagarajanagar, Bengaluru-28.
4. Muniswamy (Dead)
5. Kannan @ Kanna, S/o Manikyam, Aged about 60 years, R/at No.44, 5th Cross, Bovi Colony, 3rd Block, Thyagarajanagara, Bengaluru - 28.
Sections 323, 354B, 504 and The offences complained
5. 506 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused No.1 to 3 and 5 are
7. Final order acquitted
8. Date of order 07.10.2022 The Sub-Inspector of Police, Thyagarajanagara Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have 3 C.C.No.9545/2016 committed the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 17.10.2015 at 6.00 p.m., when CW1 was talking with CW2 to CW7 in front of house No.23, 6th Main Road, 3rd Block, Thyagarajanagara, Bengaluru within the territorial jurisdiction of Thyagarajanagara Police Station, Bengaluru City, accused No.1 and 2 in furtherance of their common intention came there; picked up quarrel with CW1 in the matter of compound wall constructed to the land bearing Sy.No.35/3 and abused CW1 in filthy languages. When CW1 has questioned it, accused No.1 dragged CW1 on public road; torn her blouse and tried to disrobe her. Thereafter, accused No.1 and 2 have voluntarily caused simple hurt to CW1 by beating her back and shoulder with their hands. When CW2 to CW7 have tried to pacify the quarrel, accused No.3 to 5 came there with an intention to commit the offences; accused No.3 voluntarily caused simple hurt to CW2 by beating on his head with club; accused No.4 voluntarily caused simple hurt to CW2 by 4 C.C.No.9545/2016 beating on his right hand with club; accused No.5 voluntarily caused simple hurt to CW2 by beating on his back with club and gave life threat stating that if they put up compound wall and trouble them again, they will not leave their lives. Thereby, the accused persons have has committed the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.159/2015 at Thyagarajanagara Police Station. On completion of the investigation, the Sub- Inspector of Police, Thyagarajanagara Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 5 C.C.No.9545/2016 207 of Cr.P.C. Thereafter, accused No.4 reported as dead and therefore, the case against him stands abated. After hearing, since there were grounds for presuming that accused No.1 to 3 and 5 have committed offences triable by this court, charges for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against accused No.1 to 3 and 5, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 and Ex.P2. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against accused No.1 to 3 and 5, the examination of accused No.1 to 3 and 5 under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for accused No.1 to 3 and 5. Perused the materials available on record.
5. The points for determination are; 6 C.C.No.9545/2016
1. Whether prosecution has proved the offences charged against accused No.1 to 3 and 5 for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. My answers 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 prove the charges leveled against accused No.1 to 3 and 5, out of 14 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Manjula is the first informant, injured and the mahazar witness. The prosecution has also produced the documentary evidences Ex.P1 and Ex.P2. Among them, Ex.P1 is the First Information and Ex.P2 is the Spot Mahazar.
7 C.C.No.9545/2016
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.159/2015 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by accused No.1 to 3 and 5. PW1 during her examination-in-chief has deposed that on 17.10.2015 at about 5.00 p.m. to 6.00 p.m., the accused persons came near their house; quarreled with them; gave life threat; abused them in filthy languages and beaten her and CW2 with club. She has also deposed in her examination-in-chief that they obtain treatment at Victoria Hospital and in that regard, she gave complaint as per Ex.P1. She has also deposed in her examination-in-chief that on the day when she gave complaint, the police came and conducted mahazar. But, PW1 has deposed in her further examination-in-chief that she 8 C.C.No.9545/2016 does not know the contents of Ex.P1; as there were petty differences between her and the accused persons, she gave it; she does not know Kannada to read and write; as there were many people gathered there, she did not know who abused and who did what; she signed Ex.P2 at Police Station and she does not know its contents. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1; she gave it and the mahazar conducted at the place of incident as per Ex.P2 in her presence. Nothing has been elicited in her cross-examination supporting the case of the prosecution.
9. On perusal of the above evidences, it appears that the First Informant and one of the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her cross-examination that she and accused No.1 to 3 and 5 have compromised the matter. CW2, CW3 and CW5 are reported as dead during trial. Therefore, if the evidences of the other prosecution witnesses are recorded, no 9 C.C.No.9545/2016 purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of accused No.1 to 3 and 5 for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of accused No.1 to 3 and 5 for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, accused No.1 to 3 and 5 are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;
ORDERS
Under Section 248(1) of Cr.P.C,
accused No.1 to 3 and 5 are hereby
acquitted for the offences punishable
under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code. 10 C.C.No.9545/2016 Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
Since, the properties in PF
No.62/2015 are worthless, they are
ordered to destroy after appeal period. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 07.10.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Manjula.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : Spot Mahazar,
Ex.P2(a) : Signature.
11 C.C.No.9545/2016
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.12 C.C.No.9545/2016
07.10.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, accused No.1 to 3 and 5 are hereby acquitted for the offences punishable under Sections 323, 354B, 504 and 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
13 C.C.No.9545/2016
Since, the properties in PF No.62/2015 are worthless, they are
ordered to destroy after appeal period.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.