Bangalore District Court
State By vs Aravind Reddy S/O H.Venkateshareddy on 1 October, 2021
1 CC.No.22646/2009
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 1st day of October 2021
PRESENT: Smt.ARATI B.KAMATE
B.A., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22646/2009
Complainant- State by, Police Sub Inspector
J.B Nagara Police Station
/vs/
Accused 1. Aravind Reddy S/o H.Venkateshareddy,
27 years, R/at No.1, Aravinda Avenue,
Kundalahalli Gate, Marathahalli Post,
Bengaluru
2. Shafiq Ahamad S/o Mohid Ahamad, 24
years, R/at Flat No.114,
Chinnappanahalli Village, Mahaveer
Boar, Doddanekkundi Post, Bengaluru.
JUDGMENT
1. The PSI of J.B Nagara police station has filed this charge sheet against the accused persons for the offences punishable u/S. 341, 504, 324, 506 R/w 34 of IPC.
2. It is alleged by the prosecution that on 14-03-2009 at about 11.00 p.m., in Athena Pub Leela Venture, J.B Nagara accused picked up quarrel with 2 CC.No.22646/2009 CW-1 and prevented him from proceeding further. Accused No.1 abused CW-1 in filthy language and caused bleeding injuries to CW-1 by dashing head of accused on his face. Accused No.1 assaulted CW-1 on his head with beer bottle and caused bleeding injuries and Accused No.2 assaulted CW-1 with beer bottle on right hand fingers caused bleeding injury. The accused gave life threat to CW-1. Hence, it is alleged that accused persons have committed the alleged offences.
3. On the basis of the FIS lodged by the informant, case was registered against the accused persons in J.B Nagara P.S., Cr.No.88/2009 and FIR was submitted to the court. On completion of investigation charge sheet has been filed against the accused persons for the alleged offences.
4. Cognizance of offence was taken and summons was issued to the accused persons. Accused persons appeared before the court through their counsel and they are on bail. Copies of charge sheet were furnished to accused persons u/S.207 of Cr.P.C. After hearing, charge was framed against the accused persons for the alleged offences. The accused persons pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 1 witnesses as PWs.1 and got marked 3 documents as Exs.P1 to 3. As there was no 3 CC.No.22646/2009 incriminating evidence against the accused persons, statement of accused persons u/S.313 of Cr.P.C. was dispensed with.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused persons and perused the records.
7. The following points arise for determination:
1. Whether the prosecution proves beyond doubt that on 14-03-
2009 at about 11.00 p.m., in Athena Pub Leela Venture, J.B Nagara accused picked up quarrel with CW-1 and prevented him from proceeding further. And thereby the accused persons have committed an offence punishable under Section. 341 R/w 34 of IPC?
2. Whether the prosecution proves beyond doubt that on the same date, time and place, in furtherance of common intention accused No.1 abused CW-1 in filthy language. And thereby the accused persons have committed an offence punishable under Section 504 R/w 34 of IPC?
3. Whether the prosecution proves beyond doubt that on the same date, time and place, in furtherance of common intention accused No.1 caused bleeding injuries to CW-1 by dashing head of accused on his face. And thereby the accused persons have committed an offence punishable under Section 323 R/w 34 of IPC?
4. Whether the prosecution proves beyond doubt that on the same date, time and place, in furtherance of common intention accused No.1 assaulted CW-1 on his head with beer bottle and caused bleeding injuries and Accused No.2 assaulted CW-1 with beer bottle on right hand fingers caused bleeding injury. And thereby the accused persons have committed an offence punishable under Section 324 R/w 34 of IPC?
4 CC.No.22646/2009
5. Whether the prosecution proves beyond doubt that on the same date, time and place, in furtherance of common intention accused No.1 gave life threat to CW-1. And thereby the accused persons have committed an offence punishable under Section 506 R/w 34 of IPC?
6. What order?
8. The above points are answered in the following manner;
Point No.1 to 5 - Negative,
Point No.6 - As per final order,
or the following;
REASONS
9. POINT NOS.1 to 4: It is the case of prosecution that the
accused persons restrained CW-1, abused him in filthy language and assaulted him by head. Accused persons assaulted CW-1 with beer bottle and caused bleeding injury and gave life threat to CW-1. The prosecution in support of its case has examined the informant as PW.1. During his evidence he has not stated anything against the accused. He has stated that accused have not restrained him, they have not abused him in filthy language and not dashed to his head and not assaulted him with beer bottle and caused bleeding injury. They have not given life threat to him. He showed ignorance about Ex.P1 and 2. He also stated that he can not identify beer bottle. He was turned hostile by the prosecution. Inspite of cross examination by the learned 5 CC.No.22646/2009 Sr. APP nothing was elicited from his mouth in support of prosecution case.
10. He further stated that he has compromised the matter with the accused persons. Even though PW.1 has stated that he has compromised the matter with the accused, that itself is not a criteria to hold that accused persons have committed the alleged offences. The prosecution has to prove the guilt of the accused beyond all reasonable doubt. By considering the facts and circumstances, the prosecution is not able to prove the charges leveled against the accused beyond reasonable doubt. Accordingly, Points No.1 to 5 are answered in the Negative.
11. POINT NO.6: For the afore said reasons, the following order is passed;
ORDER Acting Sec.248(1) of Cr.P.C. the accused No.1 and 2 acquitted of the offences punishable u/S. 341, 504, 323, 324, 506 R/w 34 of IPC.
Bail bonds of accused persons stand cancelled. (Dictated to the Stenographer directly on computer, typed by her, same was corrected by me on computer and then pronounced in open court on this the 1st day of October 2021).
(ARATI B.KAMATE) X A.C.M.M., BENGALURU.
6 CC.No.22646/2009
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 Purushotham Nil
Exhibits Marked
Ex.P1 FIS
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Further statement of PW.1
Material Objects got marked
-Nil-
(ARATI B.KAMATE)
X A.C.M.M., BENGALURU.