Bangalore District Court
The State vs Syed Tajuddin Hunnur on 28 February, 2022
1 C.C.No.19359/2019
IN THE COURT OF XXXII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU.
PRESENT: SRI.PADMAKAR VANAKUDRE
B.A. LL.B.,
C/C XXXII A.C.M.M. BENGALURU
DATED THIS THE 28th DAY OF FEBRUARY, 2022
C.C. NO.19359/2019
Complainant The State,
By Police Sub Inspector,
R.T.Nagar Police station
-Vs-
Accused 1.Syed Tajuddin Hunnur
S/o Syed Faqruddin
Aged about 50 years
2. Smt. Nihar Taj
D/o Syed Tajuddin Hunnur
Aged about 23 years
Both are r/at No.1020,
1st Cross, Yelahanka New Town,
Bengaluru.
The date of After 16-03-1995
commission of the
offence :
Name of the Smt. Aasiya Syed
informant of crime :
The offences U/sec.498(A) and 323
complained of: of IPC
2 C.C.No.19359/2019
Date of arrest of Accused Nos.1 and 2
accused: are on bail
Date of release of 10-02-2022
accused :
Commencement of 19-02-2022
recording prosecution
evidence:
Closure of recording 19-02-2022
evidence:
State represented by : Sr.Asst.Public Prosecutor
Accused are Sri.Krishnamurthy, Adv
represented by:
Plea of the accused
and their examination Pleaded not guilty
:
Final Order : Acquittal
JUDGMENT
(U/S 355 Cr.P.C) Police Sub Inspector of R.T.Nagar police station has filed the charge sheet against the accused No.1 and 2 for the offences punishable under Section 498(A) and 323 of IPC.
[ 2. The case of prosecution in brief is as under:
It is alleged that the accused No.1 is the husband of complainant and accused No.2 is his daughter. The 3 C.C.No.19359/2019 complainant married accused No.1 on 16-03-1995. After the marriage, the accused No.1 harassed the complainant and subjected her to cruelty. On 14-03-2019 at about 12-30 P.M., accused No.2 has picked up quarrels with C.W.1 and 3 and voluntarily caused them a hurt. The accused No.1 and 2 have committed an offence punishable under Section 498(A) and 323 of IPC. On these allegations C.W.1 lodged the First information statement before R.T.Nagar Police.
3. On the basis of first information statement the police have registered the case in R.T.Nagar Police station Cr.No.50/2019 for the offences punishable U/Sec.498(A) and 323 of IPC. Thereafter, C.W.6 has conducted investigation and filed charge sheet against the accused for the offences punishable under Section 498(A) and 323 of IPC .
4. Accused Nos.1 and 2 have appeared through their learned counsel and got released on bail.
5. The provisions of Section 207 of Cr.P.C are complied with. The charge for the offences punishable 4 C.C.No.19359/2019 U/s.498(A) and 323 of IPC is framed and read over to accused No.1 and 2. They have not pleaded guilty and claimed to be tried.
6. In order to prove its case, the prosecution has examined two witnesses and got exhibited 4 documents at Ex.P.1 to 4.
7. The P.W.1 and 2 being material witnesses turned hostile to the case of prosecution. Hence, the evidence of other witnesses has been dropped as no purpose would be served. Since there is no incriminatory evidence against the accused persons, the statement as contemplated U/s.313 of Cr.P.C is dispensed with.
8. I have heard the arguments of learned Sr.APP and learned counsel for accused and perused the materials placed on record.
9. The point that would arise for my consideration is:
Whether the prosecution proves the alleged guilt of the accused No.1 and 2 beyond all reasonable doubts?5 C.C.No.19359/2019
10. My findings on the above point is in the Negative for the following:
REASONS
11. Point No.1 : It is alleged that the accused No.1 being the husband of P.W.1 subjected her to cruelty and accused No.2 has voluntarily caused hurt to P.W.1 and 2 and thereby committed an offence punishable U/s.498(A) and 323 of IPC.
12. In order to prove its case the prosecution has examined two witnesses as Pws.1 and 2 and got exhibited 4 documents at Ex.P-1 to 4. Ex.P-1 is the First Information Statement, Ex.P-2 is the Spot Panchanama, Ex.P-3 is the Further statement of P.W.1 and Ex.P-4 is the statement of P.W.2.
13. The P.W.1 has deposed that accused No.1 is her husband, accused No.2 is her daughter. She has deposed that now she has got divorce i.e., 'khulanama' from accused No.1. The accused No.1 and 2 have never subjected her to cruelty and never caused her a hurt. She has deposed that about 6 C.C.No.19359/2019 three years back when she had been to police station, the police had obtained her signature. She has deposed that she has not lodged any complaint and the police have not conducted any panchanama in her presence.
14. P.W.2 has deposed that P.W.1 is her daughter, accused No.1 is the husband of P.W.1 and accused No.2 is the daughter of P.W.1. The accused No.1 and 2 have never subjected P.W.1 to cruelty and never caused a hurt. She has deposed that she did not give any statement before the police in that regard.
15. P.W.1 and 2 have been treated as hostile witnesses and cross-examined by Learned Sr.APP.
P.W.1 and 2 have denied all suggestions of Learned Sr.APP. P.W.1 has denied the execution of panchanama in her presence. Nothing worth has been elicited in the cross-examination to prove the guilt of the accused No.1 and 2. 7 C.C.No.19359/2019
16. The P.W.1 is the complainant and victim in this case and P.W.2 is the injured in this case. They have completely turned hostile to the case of prosecution. They have not deposed anything regarding the commission of alleged offence by the accused No.1 and 2. When the complainant/victim and injured of the alleged offence turns hostile, there are no grounds to believe the case of the prosecution. The evidence on record is not sufficient to hold the accused No.1 and 2 guilty of the alleged offence. The prosecution has failed to prove the guilt of the accused No.1 and 2 beyond all reasonable doubts. Hence, I answer point No.1 in the Negative and I proceed to pass the following:-
ORDER Acting U/Sec.248(1) of Cr.P.C., I hereby acquit the accused No.1 and 2 of the offences punishable U/sec. 498(A) and 323 of IPC.8 C.C.No.19359/2019
Accused No.1and 2 are set at liberty forthwith and the bail bond of accused No.1 and 2 and that of surety, stands cancelled.
(Judgment dictated to the stenographer directly on computer thereof corrected and then pronounced by me in the open court this the 28th day of February, 2022) (PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru. :ANNEXURE:
1.List of Witnesses examined on behalf of the prosecution:
P.W.1: Smt. Aasiya Syed P.W.2: Smt. Naveena Begum.
2.List of Documents marked on behalf of the prosecution:-
Ex.P.1 Complaint Ex.P.1(a) Signature Ex.P.2 Spot Mahazar Ex.P.2(a) Signature Ex.P-3 Further statement of P.W.1 Ex.P-4 Statement of P.W.2,
3:- List of witnesses and documents marked on behalf of the accused: Nil.
4:- List of Material objects marked on behalf of the prosecution: Nil.
(PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru. 9 C.C.No.19359/2019 (Judgment pronounced in the open court) ORDER Acting U/Sec.248(1) of Cr.P.C., I hereby acquit the accused No.1 and 2 of the offences punishable U/sec. 498(A) and 323 of IPC.
Accused No.1and 2 are set at liberty forthwith and the bail bond of accused No.1 and 2 and that of surety, stands cancelled.
(Vide separate judgment) (PADMAKAR VANAKUDRE) C/c.XXXII Addl.C.M.M. Bengaluru. 10 C.C.No.19359/2019 (Judgment pronounced in the open court) ORDER Acting U/Sec.248(1) of Cr.P.C., I hereby acquit the accused Nos.1 to 8 of the offences punishable U/sec. 498(A) of IPC and Sec.3 and 4 of D.P.Act r/w 149 of IPC.
Accused Nos.1 to 8 are set at liberty forthwith and the bail bond of accused and that of surety, stands cancelled.
(Vide separate judgment) C/c.XXXII Addl.C.M.M. Bengaluru. 11 C.C.No.19359/2019 Case called out, Learned Sr.A.P.P present, Learned counsel for accused present. Accused no.1 and 2 present.
Order pronounced in the open court (vide separate judgment) ORDER Acting U/Sec.248(1) of C1r.P.C., I hereby acquit the accused No.1 and 2 for the offences punishable U/secs. 323 and 506 r/w 34 of IPC.
Accused No.1 and 2 are set at liberty forthwith and the bail bonds of accused and that of surety, stands cancelled.
( Padmakar Vanakudre) C/c.XXXII Addl.C.M.M. Bengaluru. The accused no.1 and 2 are directed to execute personal bond for sum of Rs.20,000/- each, for their appearance before appellate 12 C.C.No.19359/2019 Court, if necessary as contemplated in Sec.437(A) of Cr.P.C.
(Padmakar Vanakudre) C/C.XXXII ADDL.C.M.M. BANGALORE.