Bangalore District Court
The State By S.G. Palya P.S vs No.1 And 2 Due To Previous Enmity on 27 April, 2023
KABC030086602019 Presented on : 04-02-2019
Registered on : 04-02-2019
Decided on : 27-04-2023
Duration : 4 years, 2 months, 23 days
IN THE COURT OF THE VI ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU CITY
PRESENT : RAGHAVENDRA VAIJANATH
B.A., LL.B., (NEW)
VI A.C.M.M., BENGALURU CITY
DATED : 27TH DAY OF APRIL, 2023
JUDGMENT UNDER SECTION 355 OF CR.P.C.
01. The serial number of the case : C.C. No.3040/2019
02. The date of the commission of : 19.02.2018
the offence
03. The name of the complainant : The State by S.G. Palya P.S.,
Bengaluru.
04. The name of the accused 01. SEENA @ SRINIVAS S/O RAJU,
person, and his parentage and Aged 24 Years, R/o No.25 J Cross,
residence A.C, New Gurappanapalya,
Bengaluru.
02. NAVEEN @ NAVIN KUMAR S/O
ANNAYYAPPA, Aged 25 Years, R/o
No.267, 4th Cross, 2nd Main,
Balajinagar, Bengaluru City.
Judgment 2 C.C. No. 3040/2019
05. The offence complained of or : U/s. 324, 504 R/w Sec.34 of IPC.
proved
06. The plea of the accused : Accused No.1 & 2 pleaded not guilty.
07. The final order : Accused No.1& 2 are acquitted.
08. The date of such order : 27.04.2023
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
The accused No.1 & 2 herein have faced the trial for the
offences punishable under Sections 324, 504 R/w Sec.34 of Indian
Penal Code, 1860 upon the police report filed by the Police Sub-
Inspector, S. G. Palya Police Station, Bengaluru.
02. The background facts giving rise to the prosecution are as
under:-
On 19.02.2018 at about 05.00 P.M. at 6th Cross, Balaji Nagar
Bengaluru, when C.W.1 and C.W.2 were on their foot then the
accused no.1 and 2 due to previous enmity, abused by holding long
and billhook in their hands and picked up quarrel with them and of
whom accused no.1 with a long assaulted C.W.1 on his head and
accused no.2 assaulted C.W.2 on his right eye. Under these
circumstances first information statement was lodged and a case was
registered by the S. G. Palya P. S., Bengaluru in Crime No.51/2018.
On completion of the investigation, charge sheet was laid against the
Judgment 3 C.C. No. 3040/2019
accused no.1 and 2 for the charge punishable under Sections stated
supra to stand trial.
03. On receipt of the charge sheet, Court took the cognizance of the
said offences and issued summons requiring the appearance of
accused no.1 and 2 and accordingly the accused no.1 and 2 have
appeared through their counsel in pursuance of the summons and got
enlarged themselves on bail and prosecution papers were furnished to
the accused no.1 and 2 in compliance of Section 207 of Criminal
Procedure Code, 1973, and this Court framed charge against the
accused no.1 and 2 and charge under Section 324, 504 R/w Sec.34 of
Indian Penal Code, 1860 is stated, read over and explained to the
accused no.1 and 2 to which they pleaded not guilty and claimed to be
tried. Hence, the case was posted for trial.
04. During the trial, in order to prove the guilt of the accused, the
prosecution has examined P.W.1 (i.e., C.W.3), P.W.2 (i.e.,
C.W.6) and got marked documents at Ex. P-1 & Ex. P-2.
05. At the conclusion of the prosecution evidence, the accused no.1
and 2 were not examined Under Section 313(1)(b) of Criminal
Procedure Code as no incriminating materials appeared in the
prosecution evidence and no evidence let in for the defence.
06. I have heard learned Sr. A.P.P. appearing for the State and Smt.
N. Yashaswini Advocate, the learned counsel appearing for the
accused no.1 and 2.
Judgment 4 C.C. No. 3040/2019
07. Upon hearing arguments and on perusal of material placed on
records, the following points arise for determination in the case:
(1) Whether the prosecution proves beyond all
reasonable doubt that the accused No.1 & 2 have
committed the offences punishable under sections 324, 504
R/w Sec.34 of IPC ?
(2) What order?
08. My findings on the above points are as under:
Point No.1 : In the Negative
Point No.2 : As per final order for the following;
REAS O NS
09. POINT NO. 1 : The spot mahazar witness, P.W.1 and seizure
mahazar witness - P.W.2 did not support the prosecution and had not
made any statement in their examination-in-chief and cross-
examination which could be favourably used by the prosecution.
10. In spite of taking coercive steps against the prosecution
witnesses, on every occasion the same were received back
unexecuted. C.W.1, 2, 4 and 5 who are the informant, eye witness,
mahazar witnesses are not available for the purpose of evaluation of
their evidence. Under such circumstances, having opined that, no
Judgment 5 C.C. No. 3040/2019
fruitful purpose will be served by issuing process to the rest of the
prosecution witnesses i.e., doctor and police witness as the ultimate
consequence of the case will not change therefore by rejecting the
prayer of Ld. Sr. APP further evidence on behalf of prosecution was
closed. From the absence of the informant the only legitimate
inference that would arise is that he is no longer interested in
prosecuting the matter. Under such circumstances the prosecution
cannot be allowed to keep the case pending for an indefinite period,
more so having due regard to the right of the accused persons to have
the case against them enquired into or tried without
undue/unreasonable delay. Absolutely there is no material on record
to establish the charges. Therefore, I do hold that the prosecution has
failed to prove the case under Section 324, 504 R/w Sec.34 of Indian
Penal Code, 1860 against the accused no.1 and 2. Accordingly, I
answer point No. 1 in the negative.
11. POINT No. 2: In view of my answer to point No.1, I proceed to
pass following:
ORDER
In exercise of the power conferred upon me under Section 248(1) of Cr.P.C., accused no.1 - Seena @ Srinivas S/o Raju and accused no.2 - Naveen @ Navin Kumar S/O Annayyappa are acquitted of the offences punishable under Sections 324, 504 R/w Sec.34 of Indian Penal Code, 1860.
Judgment 6 C.C. No. 3040/2019 The accused no.1 and 2 are on bail. Their bail bond stands cancelled and surety is discharged.
The property seized under P.F. No.20/2018 dated 20.02.2018 at Sl. No.1 and 2 being worthless are ordered to be destroyed after the appeal period is over.
The property seized under P.F. No.22/2018 dated 20.02.2018 at Sl. No.1 and 2 being worthless are ordered to be destroyed after the appeal period is over.
The accused no.1 and 2 shall execute bond in a sum of Rs.25,000/- each with a like sum surety to the satisfaction of this Court, undertaking to appear before the Hon'ble higher Court as and when such Court issues notice in respect of any appeal or petition filed against this judgment and such bail bonds shall be in force for six months as mandated under Section 437A of Cr.P.C.
(Typed directly on computer by me, after corrections pronounced by me in Open Court on this the 27th day of April, 2023).
(RAGHAVENDRA VAIJANATH)
VI ACMM., Bengaluru City
Judgment 7 C.C. No. 3040/2019
ANNEXURE
[I] LIST OF WITNESSES EXAMINED FOR PROSECUTION:
(1) P.W.1 : Ravi S/o Narayana Reddy
(2) P.W.2 : Rajashekhar S/o Raju
[II] LIST OF DOCUMENTS MARKED FOR PROSECUTION:
(1) Ex.P-1 : Mahazar
(2) Ex.P-1(a) : Signature of P.W.1
(3) Ex.P-2 : Mahazar
(4) Ex.P-2(a) : Signature of P.W.2
[III] LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:
: NIL [IV] LIST OF WITNESSES EXAMINED FOR DEFENCE:
: NIL
[V] LIST OF DOCUMENTS MARKED FOR DEFENCE:
01. M. O. 1 : NIL
(RAGHAVENDRA VAIJANATH)
VI ACMM., Bengaluru City