Bangalore District Court
State By Chandra Layout Police vs Lokanathan .......S.C.344/2 on 27 June, 2016
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 27th day of June 2016
PRESENT
Sri.Shivaji Anant Nalawade, B.Com., LL.B.(Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
SESSIONS CASE Nos.715/2015 AND 1262/2015
COMPLAINANT : State by Chandra Layout Police,
Bangalore City.
(By Learned Public Prosecutor)
-Vs -
ACCUSED : 1. Lokanathan .......S.C.344/2010
2 Mallikarjunaiah .......S.C.344/2010
3. Raghu .......S.C.344/2010
4. Basavaraju H.S. .......S.C.344/2010
5 B.K.Anand Kumar .......S.C.344/2010
6. Nagaraju .....S.C.1302/2010
7. Fayaz .......S.C.344/2010
8. Khader Pasha .......S.C.344/2010
9. Asif .......S.C.344/2010
10. Saleem .......S.C.344/2010
11. Syed Ibrahim .......S.C.344/2010
2 S.C.715/2015 &
S.C.1262/2015
12. Khaleem .......S.C.344/2010
13. Pervez .......S.C.344/2010
14. Irfan Pasha .......S.C.344/2010
15. Ikram .......S.C.344/2010
16. Imran Pasha .......S.C.344/2010
17. Syed Nazamuddin .......S.C.344/2010
18. Tanveer Ahmed .......S.C.344/2010
19. Imthiyaz .......S.C.344/2010
20. Sadiq .......S.C.344/2010
21. Mohamed Syed .......S.C.344/2010
22. Syed Abdul .......S.C.344/2010
23. Fayaz .......S.C.344/2010
24. Sulthan Khan .......S.C.344/2010
25. Fayaz .......S.C.344/2010
26. Mustafa .......S.C.344/2010
27. Gopi .......S.C.344/2010
28. Akbar .......S.C.344/2010
29. Saleem @ Chapper Saleem
.......S.C.1491/2010
30. Asgar Beig .......S.C.1491/2010
31. Asif .......S.C.1491/2010
3 S.C.715/2015 &
S.C.1262/2015
32. Mujamil .......S.C.1491/2010
ACCUSED IN 33. Sheru S/o Munavar,
S.C. NO. Aged about 25 years,
1262/2015 Residing at No.385,
1st Cross, Opposite Siddiqui Masjid,
Gangondanahalli, Bengaluru.
34. Nowshad .......S.C.1491/2010
ACCUSED IN 35. Jameen S/o Johny,
S.C.NO. Aged about 30 years,
1262/2015 Residing at No.627,
2nd Main, Near Vegetable Market,
1st Floor, Gangondanahalli,
Bangalore.
36. Irsad .......S.C.1491/2010
ACCUSED IN 37. B.K.Govindaraju S/o Kariyappa,
S.C.NO. Aged about 26 years,
715/2015 Residing opposite Tank,
Near Mekka Masjid,
Gangondanahalli, Bangalore.
ACCUSED IN 38. Venkatesh S/o Huchegowda,
S.C.NO. Residing at 4th Main,
715/2015 6th Cross, Gangondanahalli,
Bangalore.
(Accused No.33 & 35 by Sri.BRD/DKS,
Advocates
Accused No.37 & 38 by Sri.MNM/DKS,
Advocates)
1. Date of commission of offences 21-09-2008
2. Date of report of occurrence 21-09-2009
3. Date of commencement of evidence 16-03-2016
4 S.C.715/2015 &
S.C.1262/2015
4. Date of closing of evidence 06-06-2016
5. Name of the complainant Sri.K.Gangadaraiah
6. Offences complained of Sec.143,147,148,
353, 332, 307
r/w 149 of I.P.C.
7. Opinion of the Judge Charges not proved.
8. Order of sentence As per final order.
COMMO N JUDGMENT
These cases are committed by the VIII Addl.Chief
Metropolitan Magistrate Court, Bengaluru to the Hon'ble
Prl. City Civil and Sessions Judge, Bengaluru on the
ground that the offences punishable under Sec.143, 147,
148, 353, 332, 307 r/w 149 of I.P.C. are exclusively triable
by the Court of Sessions.
2. The Police Inspector of Chandra Layout Police
Station has filed the charge-sheet against the accused
alleging that accused have committed the offences under
Sec.143, 147, 148, 353, 332, 307 r/w 149 of I.P.C. arising
out of Chandra Layout Police Station Crime No.194/2008.
3. The brief facts of the prosecution case are as
under:
It is the case of the prosecution that, the Sub-
Inspector of Police, Janabharathi Police Station-
5 S.C.715/2015 &
S.C.1262/2015
Sri.Gangadharaiah has lodged a complaint on 21-09-2008
alleging that on 21-09-2008 within the jurisdiction of
Chandra Layout Police Station at about 7.00 p.m., the
CW.5-Sri.E.Raju, CW.6-Sri.Shankar, CW.7-Sri.Harish,
CW.8-Sri.Prashanth Kumar and devotees were carrying the
Ganesha Idol in a procession for immersion, for Bandobast
duty he and other police officers and staff were also
deputed, when the said procession was proceeding in front
of Siddiqi Masijid situated on the main road,
Gangondanahalli at about 7.30 p.m., a group of 100 to 150
people armed with deadly weapons like stones, wooden
clubs, bottles have started to pelt the stones, bottles and
wooden clubs on the public as well as on the procession, at
that time the police officers have requested those persons
not to breach the peace, but they did not heed to the
request of the police officers, they have started to pelt
stones, wooden clubs and bottles on the police officers as
well as on the police staff, in that incident the Police
officers and staff have sustained injuries, those persons
have obstructed to the police officers to discharge their
6 S.C.715/2015 &
S.C.1262/2015
public duties and also caused hurt, they have also
attempted to their murder.
4. On the basis of that complaint the A.S.I-
Sri.Nagaraju has registered the case, submitted the FIR to
the Court, then handed over the further investigation to the
Police Inspector-Sri.Dasaratha Murthy, the Police Inspector
-Sri.Dasaratha Murthy has visited the spot, conducted the
mahazar, seized the material objects, arrested the accused,
produced them before the court. Further he has recorded
the statement of the witnesses, after completion of the
investigation submitted the charge sheet against the
accused offences under Sec.143, 147, 148, 353, 332, 307
r/w 149 of I.P.C.
5. The VIII Addl.Chief Metropolitan Magistrate
Court, Bengaluru has filed splitted charge-sheet as per the
orders passed in C.C.27067/2008. The VIII Addl.Chief
Metropolitan Magistrate Court, Bengaluru has taken the
cognizance and registered the case against accused No.33,
35, 37, 38 and registered the case in C.C.50035/2010.
Thereafter the VIII Addl.Chief Metropolitan Magistrate
Court, Bengaluru has secured the presence of accused
7 S.C.715/2015 &
S.C.1262/2015
No.33, accused No.35, the same returned unexecuted, so
VIII Addl.Chief Metropolitan Magistrate Court, Bengaluru
has splitted the case against accused No.33, 35 and
directed the Investigating Officer to file splitted charge-
sheet against them. Thereafter the learned VIII Addl.Chief
Metropolitan Magistrate Court, Bengaluru has furnished
charge-sheet copy to accused No.37 and 38 as
contemplated under Sec.207 of Cr.P.C. Thereafter, the VIII
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
committed the case against accused No.37 and 38 before
the Hon'ble Prl. City Civil and Sessions Judge, Bengaluru
and the same was registered as S.C.715/2015 and made
over to this court for disposal according to law as the
offences alleged against the accused are exclusively triable
by the Court of Sessions.
6. Investigating Officer as per the order passed by
the VIII Addl.Chief Metropolitan Magistrate Court,
Bengaluru in C.C.50035/2010 dated 15-10-2014 has filed
the splitted charge-sheet against the accused No.33, 35.
Thereafter, the VIII Addl.Chief Metropolitan Magistrate
Court, Bengaluru has taken the cognizance and registered
8 S.C.715/2015 &
S.C.1262/2015
the case against the accused in C.C.1016/2015.
Thereafter, the VIII Addl.Chief Metropolitan Magistrate
Court, Bengaluru has secured the presence of accused
No.33, 35 and furnished the charge-sheet copies to them as
contemplated under Sec.207 of Cr.P.C. Thereafter, the VIII
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
committed the case against accused No.33 and 35 before
the Hon'ble Prl. City Civil and Sessions Judge, Bengaluru
and the same is registered in S.C.1262/2015 and made
over to this court for disposal according to law as the
offences alleged against the accused are exclusively triable
by the Court of Sessions.
7. S.C.715/2015 and S.C.1262/2015 arising out
of Crime No.194/2010, so both the cases are clubbed and it
is further ordered that common evidence is to be recorded
in S.C.715/2015 and dispose off both the cases by this
common judgment.
8. After receipt of the papers, this court has
secured presence of accused, accused appeared through
their counsel. Thereafter, heard the counsel for accused
and learned Public Prosecutor for state on charge to be
9 S.C.715/2015 &
S.C.1262/2015
framed. Charge framed against the accused under Sec.228
of Cr.P.C. for the offences under Sec.143, 147, 148, 353,
332, 307 r/w 149 I.P.C. and read-over to the accused in the
open court and accused pleaded not guilty and claim to be
tried.
9. Thereafter prosecution has called upon to prove
the guilt of the accused by examining prosecution
witnesses. Prosecution in order to prove the guilt of the
accused beyond all reasonable doubt in all examined 11
witnesses as PW.1 to 11, got marked 14 documents as
Ex.P1 to 14 and got marked 4 material objects as MO.1 to 4
and closed its side. Thereafter, accused examined under
Sec.313 Cr.P.C. to enable them to explain the incriminating
circumstances appearing against them in the prosecution
evidence. Accused denied the statement in toto and further
stated that they have no defence evidence and they have
nothing to say, thereafter the case is posted for arguments.
10. Heard the arguments advanced by the learned
counsel for the accused in both the cases and learned
Public Prosecutor for state in both the cases in length.
11. The points that arise for my determination are:
10 S.C.715/2015 &
S.C.1262/2015
1. Whether the prosecution beyond all
reasonable doubt prove that on 21-09-
2008 at about 07.00 p.m., while the
CW.7 to 8 and devotees were carrying
the Ganesha idol in a procession for
immersion in front of Siddiqi Masijid
situated on the main road of
Gangondanahalli within the limits of
Chandra Layout police station, the
accused No.33, 35, 37, 38 formed an un-
lawful assembly with a common object of
obstructing the movement of procession
and thereby the accused have committed
offence punishable under Sec.143 r/w
149 of IPC?
2. Whether the prosecution beyond all
reasonable doubt prove that on the above
said date, time and place the accused
being the members of unlawful assembly
in furtherance of their common object
armed with deadly weapons like stones,
clubs, bottles and committed rioting and
thereby the accused have committed
offence punishable under Sec.147 and
148 r/w 149 of IPC?
3. Whether the prosecution beyond all
reasonable doubt prove that on the above
said date, time and place the accused
being the members of unlawful assembly
in furtherance of their common object
while pelting stones, bottles on the public
as well as to CW.1, 11 to 17-police
officers who were at the spot in
discharge of their public duty, the
accused have deterred them from
discharge of their duty committed offence
punishable under Sec.353 r/w 149 of
IPC?
11 S.C.715/2015 &
S.C.1262/2015
4. Whether the prosecution beyond all
reasonable doubt prove that on the above
said date, time and place the accused
being the members of unlawful assembly
in furtherance of their common object
used criminal force against CW.1, 11 to
17 by pelting stones, bottles against
them and in doing so they have caused
them hurt and thereby the accused have
committed offence punishable under
Sec.332 r/w.149 of IPC?
5. Whether the prosecution beyond all
reasonable doubt prove that on the above
said date, time and place the accused
being the members of unlawful assembly
in furtherance of their common object the
accused uttered against CW.1, 11 to 17
that they will not going to spare them
and going to kill them and further caused
hurt by means of stones over the right leg
of CW.1 and over the right ear of CW.17
and that had the act of accused would
have caused the death of above said
persons and thereby attempted to kill
and thereby the accused have
committed offence punishable under
Sec.307 r/w 149 of IPC?
6. What Order?
12. My findings on the above points are as follows:-
POINT No.1 to 5 : In the negative.
POINT No.6 : As per final order
for the following;
12 S.C.715/2015 &
S.C.1262/2015
REASONS
13. POINT NO.1 to 5: As these points are inter-
linked with each other, to avoid repetition of facts, I have
taken these points together for discussion.
14. It is the case of prosecution that the accused
have committed the offences punishable under Sec.143,
147, 148, 353, 332, 307 r/w 149 of I.P.C. and in order to
prove the guilt of the accused the prosecution in all
examined 11 witnesses and they are;
PW.1-K.Gangadharaiah son of Late.Kambegowda-
complainant, PW.2-H.Rakesh son of Huchappa-Pancha on
Spot Mahazar Panchanama, PW.3-P.Shivaprasad-Pancha
on Spot Mahazar Panchanama, PW.4-Nagaraj son of
Late.Narasimahaiah-Head Constable, PW.5-Raju.E son of
Erappa-eye witness, PW.6-Harish son of Jayaram-eye
witness, PW.7-Babu son of Abdul-eye witness, PW.8-
V.Jagadish son of Venkatappa-Police Constable, PW.9-
H.Nagaraj son of Late.Hanumaiah-Investigating Officer who
has conducted the earlier part of investigation, PW.10-
Muneer Pasha son of Mohammed Ghouse-eye witness,
13 S.C.715/2015 &
S.C.1262/2015
PW.11-H.R.Reddy son of Hanumantha Reddy-Investigating
Officer who has conducted the later part of investigation.
15. In order to prove the guilt of accused
prosecution has marked the following 14 documents;
Ex.P1-Complaint, Ex.P2-Spot Mahazar, Ex.P3-Portion
of statement of PW.4, Ex.P4-Portion of statement of PW.5,
Ex.P5-Portion of further statement of PW.5, Ex.P6-Portion of
statement of PW.6, Ex.P7-Portion of further statement of
PW.6, Ex.P8-Portion of statement of PW.7, Ex.P9-Portion of
further statement of PW.7, Ex.P10-FIR, Ex.P11-Portion of
statement of PW.10, Ex.P12-Portion of further statement of
PW.10, Ex.P13-Wound Certificate of CW.1, Ex.P14-Wound
Certificate PW.8-V.Jagadisha.
16. In order to prove the guilt of the accused
prosecution in all marked 3 material objects and they are;
MO.1-Glass pieces, MO.2- 25 Stones, MO.3- 8 Clubs.
17. Prosecution in order to prove the guilt of the
accused examined PW.1 and PW.1 is the complainant and
he in his evidence stated that, in the year 2008 he was
working as Police Sub-Inspector at Jnanabharathi Police
14 S.C.715/2015 &
S.C.1262/2015
Station. On 21-09-2008 the Kengeri Gate Sub-Division
ACP passed an order and deputed him for Bandobasth duty
at Gangondanahalli within the limits of Chandra Layout
Police Station, where the procession for emersion of
Ganesha idol going on. He came to Gangondanahalli and
resumed the duties and when he was on duty at about 7.30
at Gangondanahalli Main Road, near Siddiqui Masjid, the
Ganesha idols were taken in procession in a Tractor and
Tempo for emersion, he and his other officials were on
Bandobasth duty, at that time about 100-150 persons
formed unlawful assembly by holding the Clubs, stones
and bottles in their hands and started to pelt the bottles
and stones on the procession and started causing damage
to the public property and injury to the public. He and his
superior Officers have made announcement to the public
and requested them to maintain peace and instead of that
they have not stopped throwing the stones and bottles, they
started throwing the bottles and stones towards them
stating that they will kill them, one stone thrown by them
fell on his leg and he sustained blood injury, thereafter they
have conducted loti charge. The said persons have
15 S.C.715/2015 &
S.C.1262/2015
obstructed their official work thereafter they have arrested
38 persons and asked their names and addresses and they
have brought them to the Police Station, 4 persons ran
away from the spot. The persons catch-hold told the
names of the persons ran away. They have brought the
said persons to the Police Station and he has prepared the
Report and submitted the same to the SHO and identified
the complaint lodged by him as Ex.P1. Further this
witness has stated that on the same day, he has gone to
Victoria Hospital and taken the treatment, his other
officials have also got injuries. He went with the other staff
and shown the spot, further he has shown the stones,
bottle pieces and clubs used for committing the offences
and Investigating Officer has drawn the Mahazar in his
presence of Panchas and seized the bottle pieces, stones
and Clubs and identified the same as MO.1 to 3.
Prosecution treated this witness hostile in part and cross-
examined this witness and in this cross-examination this
witness has admitted that on that day they have catch-hold
28 persons and 10 persons ran away. The counsel for the
accused has cross-examined this witness and in the cross-
16 S.C.715/2015 &
S.C.1262/2015
examination PW.1 has admitted that he cannot say which
accused has thrown stones on that day, he cannot say in
whose hand which weapon was there. Further this witness
has stated that he cannot say which catch-hold accused
has told the name of which ran away accused from the
spot. Further PW.1 has stated that, he is unable to tell the
name, father's name and address of the accused in both
the cases.
18. Prosecution has examined the Panchas on Spot
Mahazar as PW.2 and 3. They have stated that, Police have
not called them for drawing Mahazar, Police have not
drawn any Mahazar in their presence, Police have not
seized any articles in their presence. Prosecution treated
this witness hostile, cross-examined him and nothing has
been made out in the cross-examination of this witness so
as to help the prosecution to prove the drawing of Spot
Mahazar and seizure of MO.1 to 3-articles.
19. Prosecution has examined PW.4 and PW.4 is the
Head Constable and he in his evidence stated that in the
year 2008 he was working as Head Constable at Cottonpet
Police Station. On 21-08-2008 he has been posted for
17 S.C.715/2015 &
S.C.1262/2015
special duty within the limits of Chandra Layout Police
Station along with CW.14, 15, 16 and on that day he went
to Gangondanahalli for emersion of Gannesha idol
procession duty and on that day at 7.30 p.m. he was on
duty on the Gangondanahalli main road, near Siddiqui
Masjid and at that time around 100 persons formed
unlawful assembly holding stones, bottles in their hands
and started pelting the stones and bottles on the
procession and they catch-hold 3 persons and they have
taken the said persons in the jeep and the other persons
started pelting the stones and bottles to the Police
personnel and one official sustained injury, publics have
also sustained injuries. Prosecution treated this witness
hostile in part and cross-examined and this witness has
admitted that he and his officials told the said person not
to obstruct the public peace and they have not heeded the
request and they were pelting the stones and bottles in
order to commit the murder, they also obstructed them
from performing their official duties. Further this witness
has stated that, they have catch-hold those persons on that
day. Further this witness has stated that, in all they have
18 S.C.715/2015 &
S.C.1262/2015
catch-hold 38 persons. Further this witness has stated
that he has not given statement as per Ex.P3. This witness
in the examination-in-chief has given contrary statement
and stated that they have catch-hold 3 persons, whereas in
the cross-examination he has been admitted that they have
catch-hold 6 persons. This witness has been cross-
examined by the counsel for the accused and this witness
has admitted that he cannot give the names of the persons
who formed unlawful assembly there. Further this witness
has admitted that out of 6 persons catch-hold by them, no
one is present before this court.
20. Prosecution has examined PW.5, PW.6, PW.7
and they are the independent eye-witnesses and they have
stated that they have not seen the incident, they have not
seen the persons pelting the stones and bottles, they have
not given statement before the Investigating Officer.
Prosecution treated these witnesses hostile, cross-examined
them and nothing has been made out in the cross-
examination of these witness so as to help the prosecution
to prove the guilt of accused.
19 S.C.715/2015 &
S.C.1262/2015
21. Prosecution has examined PW.8 and PW.8 in his
evidence stated that in the year 2008 he was working as
Police Constable at Chandra Layout Police Station. On 21-
08-2008 he was on duty at Gangondanahalli Main Road, on
that day emersion of Ganesha idol procession was there, on
that day the Police Sub-Inspector of his Police Station
Gangadharaiah was also on duty and when they were on
duty at about 7.30 p.m., when procession was proceeding
at near Siddiqui Masjid at that time 100-150 persons
formed unlawful assembly holding stones, bottles and
weapons in their hands and started pelting the stones,
bottles on the procession, they have told the said persons
not to disturb the public peace, they have also started
throwing the bottles and stones on the Police officials who
were on duty. The complainant has sustained injury to his
leg, the publics have also sustained injuries. They have
catch-hold 28 persons, 7-8 persons ran away. This witness
has given contrary statement to that of prosecution and
stated that on that day he has not seen the accused No.37
and 38 on that day. The counsel for the accused has cross-
examined this witness and in the cross-examination this
20 S.C.715/2015 &
S.C.1262/2015
witness has admitted that he cannot say the names of 100-
150 persons who assembled there on that day. Further this
witness has stated that he cannot say who assaulted him
on his ear on that day.
22. Prosecution has examined PW.9. PW.9 in his
evidence stated that, in the year 2008 he was working as
Police Sub-Inspector at Chandra Layout Police Station. On
21-08-2008 when he was in the Police Station at 10.45
p.m. complainant came to the Police Station and given the
written complaint, he has registered the same in Crime
No.194/2008 and submitted the FIR to the court, his
officials have produced 28 persons before him, he has
arrested them and handed-over the further investigation to
CW.23.
23. Prosecution has examined PW.10. PW.10 in his
evidence stated that he has not seen the incident, he has
not given statement before the Police. Prosecution treated
this witness hostile, cross-examined him and nothing has
been made out in the cross-examination of this witness so
as to help the prosecution to prove the guilt of accused.
21 S.C.715/2015 &
S.C.1262/2015
24. Prosecution examined PW.11. PW.11 in his
evidence stated that, in the year 2008 he was working as
Police Sub-Inspector at Chandra Layout Police Station. On
15-09-2008 he has taken the further investigation of this
case from CW.22. On 24-10-2008 he has recorded the
further statements of CW.4, 5, 7 to 10. On 30-10-2008 he
has obtained the Wound Certificate of complainant. On 29-
09-2008 he has obtained the Wound Certificate of one
Jagadeesha and thereafter as the investigation is
completed, he has filed the charge-sheet.
25. It is the specific case of the accused in both the
cases that they have not committed any offences as alleged
against them, they were not on the spot on the given date of
incident. They have been implicated in this case only on
suspicion. In the present case, all the independent eye
witnesses cited and examined by the prosecution turned
hostile. Further both the Pancha witnesses on Spot
Mahazar examined by the prosecution as PW.2 and 3
turned hostile. Further complainant in his examination-in-
chief has stated that on that day they have catch-hold 38
persons from the spot which is contrary to the prosecution
22 S.C.715/2015 &
S.C.1262/2015
case. On the other hand, it is the specific case of the
prosecution that, on that day complainant and his officials
have catch-hold 38 persons. Further complainant in his
cross-examination admitted that he cannot say the person
who has thrown the stone to him, he cannot say which
person was holding which weapon on that day, he cannot
say the names, father names and addresses of the accused
persons in both the cases. Further PW.4 who is the Head
Constable of Cottonpet Police Station has given contrary
statement in his evidence and stated that they have catch-
hold 3 persons on that day whereas it is the case of
prosecution that they have catch-hold 6 persons. PW.4 has
been treated hostile, he has not supported the case of
prosecution. Further PW.4 in his cross-examination
admitted that he cannot say which accused was holding
which weapon on that day. Further stated that the persons
catch-hold by them are not before the court.
26. PW.8 is the Police Constable and he has stated
that he has seen accused No.37 and 38 on that day which
his contrary to the prosecution case. Further PW.8 in his
23 S.C.715/2015 &
S.C.1262/2015
cross-examination admitted that he cannot identify 100-
150 persons who assembled on the spot.
27. The main case against accused No.1 to 5 and
accused No.7 to 28 in S.C.344/2010, case against accused
No.6 in S.C.1302/2010, case against accused No.29 to 32,
accused No.34 and 36 in S.C.1491/2010, came to be
disposed off on merits by the Fast Track Court-XIV and in
all the above cases accused have been acquitted on 23-09-
2011. So, the evidence of PW.1 to 11, Ex.P1 to 14 and
MO.1 to 3 will not prove the guilt of accused beyond
reasonable doubt. As per the well settled principles of
criminal law, benefit of doubt goes to accused, hence giving
benefit of doubt to accused, I hold that prosecution has
utterly failed to prove the guilt of the accused beyond
reasonable doubt. Hence, I answered point No.1 to 5 in the
NEGATIVE.
27. POINT No.6: In view of my findings point No.1
to 5 and reasons stated there, I proceed to pass the
following:
ORDER
Acting under Sec.235(1) Cr.P.C. accused No.33-Sheru, accused No.35-Jameen, accused 24 S.C.715/2015 & S.C.1262/2015 No.37-B.K.Govindaraju and accused No.38- Venkatesha are acquitted for the offences punishable under Sec.143, 147, 148, 353, 332, 307 r/w 149 of I.P.C.
Bail bonds of the accused stands cancelled forthwith.
MO.1 to 3 are worthless, hence ordered to be destroyed after the appeal period is over.
Keep the original of this judgment in S.C.715/2015 and copy in S.C.1262/2015.
(Dictated to the Judgment Writer, transcribed by her, corrected, signed and then pronounced by me in the open court on this the 27th day of June 2016) (SHIVAJI ANANT NALAWADE) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.
ANNEXURE Witnesses examined for the prosecution:
PW.1 K.Gangadharaiah CW.1 16-03-2016 PW.2 H.Rakesh CW.2 16-03-2016 PW.3 Shivaprasad.P CW.3 16-03-2016 PW.4 Nagaraj K.N. CW.13 05-05-2016 PW.5 E.Raju CW.5 05-05-2016 PW.6 Harsha CW.7 05-05-2016 PW.7 Babu CW.4 05-05-2016 25 S.C.715/2015 & S.C.1262/2015 PW.8 V.Jagadish CW.17 30-05-2016 PW.9 H.Nagaraju CW.21 30-05-2016 PW.10 Muneer Pasha CW.9 30-05-2016 PW.11 H.R.Reddy CW.23 06-06-2016 Documents marked for the prosecution:
Ex.P1 Complaint PW.1 16-03-2016 Ex.P1(a) Signature of PW.1 PW.1 16-03-2016 Ex.P2 Mahazar PW.2 16-03-2016 Ex.P2(a) Signature of PW.2 PW.2 16-03-2016 Ex.P3 Statement of PW.4 PW.4 05-05-2016 Ex.P4 Statement of PW.5 PW.5 05-05-2016 Ex.P5 Statement of PW.5 PW.5 05-05-2016 Ex.P6 Statement of PW.6 PW.6 05-05-2016 Ex.P7 Statement of PW.6 PW.6 05-05-2016 Ex.P8 Statement of PW.7 PW.7 05-05-2016 Ex.P9 Statement of PW.7 PW.7 05-05-2016 Ex.P10 FIR PW.9 30-05-2016 Ex.P10(a) Signature of PW.9 PW.9 30-05-2016 Ex.P11 Statement of PW.10 PW.10 30-05-2016 Ex.P12 Statement of PW.10 PW.10 30-05-2016 Ex.P13 Wound Certificate PW.11 06-06-2016 Ex.P13(a) Signature of PW.11 PW.11 06-06-2016 Ex.P14 Wound Certificate PW.11 06-06-2016 Ex.P14(a) Signature of PW.11 PW.11 06-06-2016 Material objects marked for the prosecution:
MO.1 Glass pieces
26 S.C.715/2015 &
S.C.1262/2015
MO.2 25 Stones
MO.3 8 wooden Clubs
Witness examined, documents and material objects marked for the accused:
- Nil -
LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.