Bangalore District Court
State By Sanjaynagara P.S vs To 4 Are Acquitted on 4 June, 2018
IN THE COURT OF THE VIII ADDL. C.M.M.,
BENGALURU.
Dated this the 4th Day of June 2018.
Present: Sri.M.Mahesh Babu, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.25494/2015
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 25494/2015
2. The date of commission 29/04/2015
of the offence
3. Name of the complainant State by Sanjaynagara P.S.
4. Name of the accused 1. Smt.Radhamma w/o
Padmesh, aged 50 years
2. Kum.Deepu, d/o Padmesh
aged 22 years
3. Smt.Geetha w/o Manju
aged 32 years
4. Smt.Shashikala w/o late
Pradeep, aged 50 years
all are r/at No.53,
Gundutopu, Geddalahally,
Sanjaynagar Bangalore.
5. The offence complained of U/s. 323, 355, 504 and 506
or proved r/w 34 of IPC
2 C.C.25494/2015
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused 1 to 4 are acquitted.
8. Date of such order 04-06-2018
For the following:-
JUDGMENT
This is the charge sheet filed by the PSI of Sanjayanagar P.S. against the accused 1 to 4 for the offences punishable U/sec. 504, 323, 355 and 506 r/w 34 of IPC.
2. The brief facts of the prosecution case is that:
On 29-04-2015 at about 7.30 p.m., at Geddalahalli, RMV II Stage, the accused 1 to 4 in furtherance of common intention to commit an offence raised quarrel and in the above said transaction abused CW1, 4 and 5 in filthy language, knowingly such insult will provoke breach of peace, assaulted CW1, 4 and 5 with the hands thus voluntarily caused hurt, assaulted with right leg slipper on the body of 3 C.C.25494/2015 CW5 with an intention to dishonour CW5 and gave life threat to CW1 and 4 with dire consequences thus committed criminal intimidation and thereby committed the alleged offences.
3. Accused 1 to 4 were on bail. Substance of accusation was read over to the accused 1 to 4 for the offence punishable U/sec.504, 323, 355 and 506 r/w 34 of IPC. The accused 1 to 4 have pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has examined PW.1 to 3 and got marked the documents as Ex.P1 to P4. Since there are no incriminating evidence against the accused 1 to 4 as such recording of 313 Cr.P.C., is dispensed.
5. Heard arguments from both the sides.
6. The points that arise for determination are as follows:
4 C.C.25494/2015
1. Whether the prosecution proves beyond all reasonable doubt that on 29-04-2015 at about 7.30 a.m., at Geddalahalli, RMV II Stage, the accused 1 to 4 in furtherance of common intention to commit an offence raised quarrel and in the above said transaction abused CW1, 4 and 5 in filthy language, knowingly such insult will provoke breach of peace and thereby committed the offences punishable u/s 504 r/w 34 of IPC?
2. On the above said date, time and place the accused in furtherance of common intention to commit an offence raised quarrel and in the above said transaction assaulted Cw1, 4 and 5 with the hands thus voluntarily caused hurt and thereby committed the offences punishable u/s 323 r/w 34 of IPC? 5 C.C.25494/2015
3. On the above said date, time and place the accused in furtherance of common intention to commit an offence raised quarrel and in the above said transaction assaulted with right leg slipper on the body of CW5 with an intention to dishonour CW5 and thereby committed the offences punishable u/s 355 r/w 34 of IPC?
4. On the above said date, time and place in furtherance of common intention to commit an offence raised quarrel and in the above said transaction the accused threatened CW1 and 4 with dire consequences thus committed criminal intimidation and thereby committed the offences punishable u/s 506 r/w 34 of IPC?
5. What order?
7. The answer to the above points are as follows:
Point No.1 to 4: In the negative Point No.5: As per final order for the following: 6 C.C.25494/2015
REASONS
8. Point No.1 to 4:- In order to avoid the repetition of facts taken together for discussion. In order to bring home the guilt of the accused the prosecution has examined two witnesses i.e., PW1 to 3. PW.1, who being the complainant in her evidence has deposed that she has not lodged complaint against the accused 1 to 4 and further stated that she does not know the contents of complaint and mahazar marked as Ex.P1 and P2.
9. PW2 and 3 who being the independent witness, in their evidence have deposed that we have not given any statement before the police.
10. Except the evidence of PW.1 to 3, no other evidence is available on record to establish the guilt of accused 1 to 4. It is to be noted that, complainant has turned out hostile to the case of the prosecution as he 7 C.C.25494/2015 has compromised the matter with the accused 1 to 4. The prayer of Sr. APP for issuance of summons to other witnesses is rejected as no purpose will be served in view of evidence of P.W.1 to 3. Accordingly, I answer point no.1 to 4 in the negative.
11. Point No.5:- In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 to 4 are hereby acquitted of the offences punishable U/sec. 323, 355, 506, 504 r/w 34 of IPC.
Bail bonds of accused 1 to 4 and their surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 4th day of June 2018.) (M. Mahesh Babu) VIII Addl.C.M.M. Bengaluru.8 C.C.25494/2015
: Annexure :
1. List of Witnesses examined on behalf of the prosecution:
PW1 : Bharati PW2 : Padmamma PW3 : Mamata
2. List of Documents marked on behalf of the prosecution:-
Ex.P1 : Complaint Ex.P1(a) : Signature of PW1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1 Ex.P3 : Statement of PW2 Ex.P4 : Statement of PW3
3. List of Material objects marked on behalf of the prosecution:-
- NIL -
4. List of witnesses and documents marked on behalf of the accused:
-NIL -
VIII Addl. C. M. M. Bangalore. 9 C.C.25494/2015 Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 to 4 are hereby acquitted of the offences punishable U/sec. 323, 355, 506, 504 r/w 34 of IPC. Bail bonds of accused 1 to 4 and their surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.