Bangalore District Court
K.G. Nagara Police Station vs Unknown on 3 February, 2015
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BANGALORE
DATED THIS THE 3rd DAY OF FEBRUARY, 2015
C.C. No.2108/2013
Present: SMT. HEMAVATHI, B.B.M., LL.B.,
XXIV ADDL. C.M.M., BANGALORE
COMPLAINANT : K.G. Nagara Police Station
(State by Sr. A.P.P.)
V/s.
ACCUSED :
1. Thammanna Gowda S/o.
Lingappa, Aged about 49 years,
2. Smt. Prema W/o. Thammanna
Gowda, Aged about 48 years,
Both are R/o. No.205/6,
Harshavardhana Road,
Gavipuram, Bangalore.
(Reptd. by Sri. N.S. Advocate)
DATE OF COMMENCEMENT
OF OFFENCE : 12.05.2012
DATE OF ARREST
OF THE ACCUSED : 12.05.2012
OFFENCE ALLEGED : U/s.341, 323, 324,
354 & 506(B) r/w 34
of IPC
DATE OF COMMENCEMENT
OF EVIDENCE : 27.09.2014
2 C.C.No.2108/2013
DATE OF CLOSING OF
EVIDENCE : 20.11.2014
OPINION OF THE JUDGE : Found not guilty
(HEMAVATHI)
XXIV ADDL. C.M.M., BANGALORE.
-: J U D G M E N T :-
The accused have charge sheeted by the Sub
Inspector of Police, K.G. Nagara Police Station for the
offences punishable U/s.341, 323, 324, 354 & 506(B) r/w
34 of IPC.
2. The brief facts of case of the prosecution is that:
On 12.05.2012 at about 02-30 PM, accused persons
were replacing the cement sheet roof of Shop No.59/60
situated at K.G. Nagara Main Road, at which accused are
tenants. At that time, when CW-1 to CW-3 went there and
asked them why they are repairing the shop without
permission, accused picked up quarrel with them and
accused No.1 assaulted with wooden club to CW-1 on right
thigh, when CW-2 & CW-3 went to extricate quarrel,
accused No.2 assaulted them with hands and accused No.1
pulled CW-1 & CW-3 torn their cloths and attempted to
outrage her modesty and threatened them of murdering by
exhibiting club.
3 C.C.No.2108/2013
3. After receipt of complaint the SHO of K.G. Nagara
Police Station set the law in motion and registered the case
in crime No.45/2012 and filed FIR to the court.
4. On 12.05.2012 accused No.1 was produced before
the court and he was enlarged on bail on 14.05.2012 and
on 15.05.2012 accused No.2 appeared and enlarged on bail
After completion of the investigation, charge sheet has been
submitted. After perusing the records, cognizance taken
and this case has been registered against the accused No.1
to 5 for the offences punishable U/s.341, 323, 324, 354 &
506(B) r/w 34 of IPC, summons was issued for their
appearance. Charge sheet copy furnished to them.
5. Charge framed against the accused, and its
contents read over them. The accused pleaded not guilty
and claimed to be tried.
6. The prosecution to bring home the guilt of the
accused examined nine witnesses as PW-1 to PW-9 and got
marked four documents as Ex.P-1 to Ex.P-4 with sub
markings and club is marked as M.O.1.
7. The statement U/Sec. 313 Cr.P.C. of the accused
is recorded. The accused denied the incriminating
evidence appeared against them and did not choose to
adduce evidence.
8. Heard both side.
9. The following points arise for my consideration.
4 C.C.No.2108/2013
1) Whether the prosecution beyond
reasonable doubt proves that,
12.05.2012 at about 02-30 PM, accused
persons were replacing the cement sheet
roof of Shop No.59/60 situated at K.G.
Nagara Main Road, at which accused are
tenants, at that time, when CW-1 to CW-
3 went there and asked them why they
are repairing the shop without
permission, accused picked up quarrel
with them and accused No.1 assaulted
with wooden club to CW-1 on right
thigh, when CW-2 & CW-3 went to
extricate quarrel, accused No.2
assaulted them with hands and accused
No.1 pulled CW-1 & CW-3 torn their
cloths and attempted to outrage her
modesty and threatened them of
murdering by exhibiting club and
thereby the accused have committed an
offence punishable U/s.341, 323, 324,
354 & 506(B) r/w 34 of IPC?
2) What order or sentence?
10. My findings on the above points as follows:
Point No.1 : In the Negative
Point No.2 : As per final order
for the following:
REASONS
POINT NO.1:
11. PW-1 Shivakanthamma deposed that she knows
the accused, who are her tenants in respect of the shop
premises. On 12.05.2012 at about 10-00 AM accused were
repairing the said shop, hence she went to the police
station, when she came back at about 02-30 noon and
5 C.C.No.2108/2013
asked the accused not to carryout any repair, for which the
accused picked up quarrel with her, stating that said shop
belongs to them, they would carryout the repairs and
accused No.1 assaulted her with club, when her daughter
came there, accused No.1 pulled her vale. Thereafter she
lodged complaint as per Ex.P-1 and police came to the
spot, drew mahazar as per Ex.P-2.
12. PW-2 Jamuna & PW-3 Venkatesh deposed that
CW-1 is her mother, accused are their tenants in respect of
shop premises on 12.05.2012 accused were replacing the
cement sheet roof, when her mother questioned them,
accused picked up with her mother and accused No.1
assaulted her mother on right thigh with stick and accused
No.2 pulled sarry of CW-1 and vale of CW-2 and threatened
them of murdering.
13. PW-4 Raju & PW-5 Muniyappa deposed that
police have conducted mahazar in their presence and drew
mahazar as per Ex.P-2 in relation to the quarrel between
accused No.1 and CW-1 near shop, but nothing has been
seized in their presence.
14. PW-6 Venkataswamy deposed that on 12.05.2012
when he was working as H.C. of K.G. Nagara Police Station
he along with CW-8 were deputed to apprehend the
accused and when they were on patrolling duty at R.K.
Extension, K.G. Nagara Main Road with the assistance of
their informant, they apprehended the accused No.1
6 C.C.No.2108/2013
behind Lakshmi Store and produced before the PSI and
gave report as per Ex.P-3.
15. PW-7 Dr. Shivakumar deposed that on
12.05.2012 when he was working as a Senior Specialist of
Victoria Hospital, at about 03-00 PM, P.C.8334 of K.G.
Nagara Police Station brought one Shivakanthamma to
hospital for treatment to the injuries sustained due to
assault, on examination he found contusion wound on
right thigh, tenderness on left shoulder, he treated her and
give wound certificate as per Ex.P-4 and the said injury
could be caused due to assault by club.
16. PW-8 Nanjundaiah deposed that on 12.05.2012
when he was working as ASI of K.G. Nagara Police Station
and on station duty CW-1 lodged complaint as per Ex.P-1,
he received it, registered the case in Crime No.45/2012,
filed FIR as per Ex.P-5 and visited the spot, drew mahazar
as per Ex.P-2, seized the club which was used to commit
offence and recorded the statements of witnesses. CW-7 &
CW-8 produced accused No.1 along with the report as per
Ex.P-3, he arrested him, recorded his voluntary statement
and produced him before the court. After obtaining wound
certificate as per Ex.P-4 he handed over the file to CW-10.
17. PW-9 B.R. Suma deposed that on 15.05.2012
when he was working as PSI of K.G. Nagara Police Station
he took the case file from CW-9 for further investigation,
since the investigation was already completed and offence
7 C.C.No.2108/2013
against the accused was prima facie proved, he submitted
the charge sheet against the accused persons.
18. Herein Ex.P-1 is a complaint where the
complainant stated that accused have picked up quarrel
with her, when she questioned the accused about repairing
the rented premises, accused No.1 assaulted her with club
on right thigh and when her children came to extricate
quarrel, accused No.2 assaulted her and also CW-2 with
hand and accused No.1 pulled her sarry and vale of CW-2
and attempted to outrage their modesty and accused have
threatened them of murdering. PW-1 in her chief-
examination though stated that accused No.1 has
assaulted with club on right thigh and pulled vale of CW-2,
she has not stated that accused No.1 pulled her sarry and
accused No.2 assaulted them with hands and accused
have threatened them of murdering. PW-2 also in her
chief-examination stated that accused No.2 pulled sarry of
her mother and her vale. PW-3 though stated that accused
No.1 assaulted her mother with stick on right leg and he
further stated that both the accused have pulled the vale of
his sister. The evidence of PW-1 to PW-3 in chief-
examination is not corroborating the contents of Ex.P-1
and also the evidence of PW-1 to PW-3 is not corroborating
one another. In the course of cross-examination, PW-1 to
PW-3 deposed that there is a civil suit between the accused
and CW-1 and since 10-12 years there is a galata between
them in relation to the said rented premises. PW-2
deposed that at the time of incident there were about 15-20
8 C.C.No.2108/2013
persons. But PW-1 deposed that at the time of quarrel
nobody were there. The evidence of these PW-1 to PW-3
who are the mother and children are not corroborated by
evidence of any independent witnesses and even their
evidence is not on par with the complaint. The evidence of
PW-6 to PW-8 no way help to the prosecution to prove the
guilt alleged against the accused beyond reasonable doubt.
PW-4 PW-5 being the mahazar witnesses have not
supported the prosecution. Hence, I hold that the
prosecution has failed to prove the guilt alleged against the
accused beyond all reasonable doubt.
19. On perusal of cumulative effect of the prosecution
evidence, I hold that the prosecution has failed to prove the
guilt alleged against the accused beyond reasonable doubt.
Hence, point No.1 is answered in the Negative.
POINT NO.2:
20. For the reason stated above, I proceed to pass the
following order;
ORDER
The accused are acquitted U/s.248(1) Cr.P.C. for the offences punishable U/s.341, 323, 324, 354 & 506(B) r/w of IPC.
The accused are set at liberty and their bail and surety bonds stand cancelled.
9 C.C.No.2108/2013M.O.1 wooden club is worthless, is ordered to be destroyed after the appeal period is over.
(Dictated to the stenographer, it is typed by him, corrected and then pronounced by me in open court on this the 3rd of February, 2015) (HEMAVATHI) XXIV ADDL. C.M.M., BANGALORE ANNEXURE Witnesses examined for the Prosecution:
PW-1 : Shivakanthamma PW-2 : Jamuna PW-3 : Venkatesh PW-4 : Raju PW-5 : Muniyappa PW-6 : Venkataswamy PW-7 : Dr. Shivakumar PW-8 : Nanjundaiah PW-9 : B.R. Suma Documents marked for the Prosecution:
Ex.P-1 : Complaint
Ex.P-2 : Spot Mahazar
Ex.P-3 : Report
Ex.P-4 : Wound Certificate
Witnesses examined for the accused:
-NIL-
Documents marked for the accused:
M.O.1 : Wooden Club
XXIV ADDL. C.M.M.,
BANGALORE.