Bangalore District Court
The State By vs Nagaraju @ Cheluva on 13 November, 2018
IN THE COURT OF THE LXX ADDL. CITY CIVIL
& SESSIONS JUDGE & SPECIAL JUDGE, BENGALURU CITY
(CCH-71)
Dated this the 13th day of November, 2018
:PRESENT:
SRI. MOHAN PRABHU
M.A., L.L.M.,
LXX Addl. City Civil & Sessions & Special Judge,
Bengaluru.
Spl.C.NO. 479/2016
COMPLAINANT: The State by
Chamarajapet Police Station,
BENGALURU
(By Special Public Prosecutor)
v/s
ACCUSED: 1. Nagaraju @ Cheluva,
29 years, S/o Basvegowda,
R/at No.19/14-4, 6th Cross,
Vitala nagra, West Rudrappa Garden,
K.B. Nagar, Bengaluru-26
2. Basavegowda,
S/o Late Madegowda,
65 years, R/at T.Megadahalli,
Kukuru post, Talakadu Hobli,
T.Narasipura Taluk,
Mysuru District.
3. Putamma W/o Basvegowda,
56 years, R/at T.Megdahalli,
Kukkuru post, Talakadu Hobli,
2 Spl.C.No:479/2016
T.Narasipura Taluk,
Mysuru District.
4. Shantharaj @ Shanthakumar,
S/o Basvegowda, 34 years,
R/at No.20-6/1, 4th cross,
West Rudrappa Garden,
Kasturba Nagar, Bengaluru-26.
5. Bhagya W/o Nagaraj,
37 years, 4th Cross,
Vitala nagra, West Rudrappa Garden,
Kasturba Nagar, Bengaluru-26.
6. Nagaraj S/o Masane Gowda,
40 years, K.B. Nagara,
Bangalore.
(By Sri.BPM, Advocate)
1. Date of commission of offence: 24-3-2010
2. Date of report of occurrence : 02-4-2016
3. Date of commencement of : 17-10-2018
recording of evidence
4. Date of closing of evidence : 17-10-2018
5. Name of the Complainant : R.Bhavya
6. Offences Complained of : Sec.498(A), 504, 506,
313 R/W Sec.34 of IPC
& Sec.3(1)(x) of SC &
ST (POA) Act.
7. Opinion of the Judge : Accused are acquitted.
3 Spl.C.No:479/2016
JUDGMENT
The Assistant Commissioner of Police, Chamarajpet Sub- Division, Bangalore has filed the charge sheet against the accused no.1 to 6 for the offences P/U/Secs.498A, 504, 506, 313 r/w Sec.34 of IPC and U/Sec.3 and 4 of Dowry Prohibition Act and U/Sec.3(1)(x) of SC & ST (POA) Act.
2. The case of the prosecution in brief as follows:
CW1 is the first informant before the police. CW1 is belongs to Korama caste comes under Schedule Caste. The accused persons belongs to Kuruba community which does not comes under Schedule Caste or Schedule Tribes. The marriage of CW1 performed with accused no.1 on 24.3.2010. CW1 and accused no.1 lead marital life in various places in rental house. The accused no.2 to 6 used to come to the house of CW1 and accused no.1. All the accused persons have given ill-treatment to CW1 and subjected her cruelty. The accused persons demanded to bring dowry amount of Rs.10,00,000/- from the parental house of CW1. The accused persons also abused CW1 in the name of caste and tortured her by assaulting her with 4 Spl.C.No:479/2016 hands. The accused persons from 24.3.2010 to 1.4.2016 have been torturing CW1 both mentally and physically and subjected her cruelty. When CW1 was pregnant the accused no.1 at the instigation of accused no.2 to 6 made abortion to CW1 in several occasions in order to see that CW1 being the member of Schedule Caste should not have deliver the child. The accused no.1 by suppressing that he is married person got engaged on 1.11.2015 to marry CW8. That on 1.4.2016 at about 12.30 a.m. the accused no.1 went to the house of mother of CW1 at House No:10/2, 6th Cross, 2nd Main, Rudrappa Garden, Kasturba Nagar, Bengaluru and kicked on the stomach of complainant in order to abort child and also gave life threat to her. Based on the complaint lodged by CW1 Chamarajpet police registered the case in Crime No:79/2016 and dispatched the FIR to the court.
The Investigating Officer took up the investigation and visited to the place of incident and drawn the mahazar. The Investigating Officer recorded the statements of witnesses. The Investigating Officer after collecting all the materials on completion of investigation has filed the charge sheet against the accused for the aforesaid offences.
5 Spl.C.No:479/2016
3. The accused persons are on bail. Upon taking cognizance of the offences the case came to be registered as Spl.C.No:479/2016. Charge sheet copies furnished to the accused and thereby the provision U/Sec.207 of CPC duly complied with. After hearing on both sides on 17.10.2017 charge came to be framed against the accused for the offences P/U/Sec.498A, 313, 506 r/w Sec.34 of IPC and U/Sec.3 and 4 of Dowry Prohibition Act and U/Sec.3(1)(x), 3(1)(r) C & ST (POA) Act for which accused pleaded not guilty and claimed for trial.
4. During the course of trial on the side of prosecution CW1 has examined as PW1 and documents Ex.P1 to P4 are marked. Despite of issuing summons to remaining witnesses they are not secured. After closure of evidence on the side of the prosecution statements of the accused as required U/Sec.313 of Cr.P.C. is recorded. Accused have denied all the incriminating evidence. No defence evidence is led.
5. I have heard the arguments of the learned Special Public Prosecutor and learned counsel for the accused. 6 Spl.C.No:479/2016
6. The points that arise for my consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that the accused persons have committed the offence P/U/Sec.498A r/w Sec.34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the accused persons have committed the offence P/U/Sec.313 r/w Sec.34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that the accused persons have committed the offence P/U/Sec.506 r/w Sec.34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the accused persons have committed the offence P/U/Sec.3 & 4 of Dowry Prohibition Act?
5. Whether the prosecution proves beyond all reasonable doubt that the accused 7 Spl.C.No:479/2016 persons have committed the offences P/U/Secs.3(1)(x), 3(1)(r) of SC & ST (POA) Act?
6. What order?
7. My answers to the above points are as follows:
Point No.1 - In the negative Point No.2 - In the negative Point No.3 - In the negative Point No.4 - In the negative Point No.5 - In the negative Point No.6 - As per final order, for the following:
REASONS POINT No.1 to 5:-
8. These points are taken-up together for discussion in order to avoid repetition of facts and evidence.
9. In this case CW1 is examined as PW1. It is the specific case of the prosecution is that after marriage of CW1 with accused no.1 the accused persons given ill-treatment to her 8 Spl.C.No:479/2016 both mentally and physically and subjected her cruelty. It is the case of the prosecution is that the accused persons demanded to bring Rs.10 lakhs from the parental house of CW1 and also abused CW1 in the name of caste and at the instigation of accused no.2 to 6, the accused no.1 made abortion to CW1 on several times. It is further case of the prosecution is that on 1.4.2016 the accused no.1 went to the mother's house of CW1 and picked up quarrel with her and kicked her on her stomach in order to cause abortion and also gave life threat to her. But quite contrary to the case of the prosecution PW1 has completely turned hostile to the case of the prosecution by stating that no such incident was occurred.
10. PW1 has deposed that the accused no.1 is her husband, accused no.2 is her father-in-law, accused no.3 is her mother-in-law, accused no.4 is the brother of accused no.1, accused no.5 is the sister of accused no.1, accused no.6 is the husband of accused no.1's sister. PW1 has deposed that she is belongs to Korama caste (Schedule Caste) and accused are belongs to Kuruba community. She has deposed that she and 9 Spl.C.No:479/2016 accused no.1 were loving each other since 2009. Thereafter their marriage performed in the year 2011. She states that after marriage she had marital life with accused no.1 in the rented house. She has deposed that accused no.1 looking after her very well. She states that the petty quarrels taking place between her and her husband accused no.1. She has deposed that one day somebody told her that the marriage engagement of her husband accused no.1 performed with some other lady, hence apprehending the future consequences she has lodged the complaint as per Ex.P1. She states that the police have not conducted any mahazar in her presence as per Ex.P2. She states that out of marriage wedlock with accused no.1 a child is born to her. Now she is happily living with her husband accused no.1 and their child. She has deposed that the accused persons have not given any ill-treatment to her either physically and mentally. The accused persons have not abused her in the name of caste. She states that at no point of time the accused was kicked her on stomach when she was pregnant. She deposed that the accused persons have not abused her in filthy language and not given any life threat to her. She states that she do not 10 Spl.C.No:479/2016 know the contents of the documents Ex.P1 complaint and Ex.P2 mahazar.
11. Having turned hostile to the case of the prosecution learned Special Public Prosecutor cross-examined PW1 in detail.
During the course of her cross examination by learned Special Public Prosecutor PW1 has denied all the suggestions made to her. She has denied all the contents of the documents Ex.P1 complaint and Ex.P2 mahazar. Nothing is elicited from her mouth to support the case of the prosecution.
12. In this case PW1 is the important witness. PW1 is the complainant and victim. PW1 has not deposed anything against the accused. There is no dispute regarding the relationship between the parties. Accused no.1 is the husband of PW1. Accused no.2 and 3 are the parents, accused no.4 is the brother, accused no.5 is the sister, accused no.6 is the husband of sister of accused no.1. The relationship is admitted. It is also not in dispute that PW1 is belongs to Schedule Caste and accused persons are Kuruba community. This version of PW1 is not tested by cross-examining her. Even though it is proved by 11 Spl.C.No:479/2016 the prosecution that PW1 is belongs to Schedule Caste and accused are not belongs to Schedule Caste or Schedule Tribes. The burden is upon the prosecution to prove that the accused are committed the offences P/U/Secs.498A, 313, 506 r/wSec.34 of IPC and U/Sec.3 & 4 of Dowry Prohibition Act and U/Sec.3(1)(x)(r) of SC & ST (POA) Act. In this case PW1 who is the key witness completely turned hostile to the case of the prosecution. PW1 has not deposed anything against the accused. There is no incriminating evidence against the accused. Even though the leaned Special Public Prosecutor cross-examined PW1 in detail, nothing is elicited from her mouth to support the case of the prosecution. During the course of cross examination of PW1 it is elicited from her mouth that she has compromised the case with the accused. PW1 and accused may set right their differences hence PW1 may not supported the case of the prosecution for which the prosecution cannot be blamed. Even though the learned Special Public Prosecutor cross-examined PW1 in detail, nothing is elicited from her mouth to support the case of the prosecution. Despite of issuing summons to the remaining witnesses cited in the 12 Spl.C.No:479/2016 charge sheet they are not secured. There is no iota of evidence to prove the charges framed against the accused. The prosecution has failed to prove the case against the accused for the offences P/U/Secs.498A, 313, 506 r/w Sec.34 of IPC and U/Sec.3 & 4 of DP Act and U/Sec.3(1)(x)(r) of SC & ST (POA) Act beyond all reasonable doubt. The prosecution has failed to bring home the guilt of the accused beyond all reasonable doubt. Hence I answer point no.1 to 5 in the negative.
Point No.6:-
13. In view of my findings on point no.1 to 5, I proceed to pass the following ORDER Acting U/Sec.235(1) of Cr.P.C., the Accused no.1 to 6 are hereby acquitted of the offences P/U/Secs.498A, 313, 506 r/w Sec.34 of IPC and U/Sec.3 & 4 of Dowry Prohibition Act and U/Sec.3(1)(x), 3(1)(r) of 13 Spl.C.No:479/2016 The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The bail bonds of the accused and their sureties stands cancelled.
(Dictated to the Judgment Writer, transcribed by her, transcript corrected, signed and then pronounced by me in open Court on this the 13th day of November 2018) (MOHAN PRABHU) LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore.
ANNEXURE
1.WITNESSES EXAMINED FOR THE PROSECUTION:
PW1 : Bhavya
2. DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.1(a) : Signature
Ex.P.2 : Mahazar
Ex.P.2(a) : Signature
Ex.P.3 & 4 : Photos
3. WITNESSES EXAMINED FOR THE DEFENCE:
Nil
14 Spl.C.No:479/2016
4. DOCUMENTS MARKED FOR THE DEFENCE:
Nil
5. LIST OF MATERIAL OBJECTS:
Nil
(MOHAN PRABHU)
LXX Addl. City Civil & Sessions Judge
& Special Judge, Bangalore.