Bangalore District Court
The State vs Mohan Raj on 20 September, 2022
KABC030208332018
Presented on : 23.03.2018
Registered on : 23.03.2018
Decided on : 20.09.2022
Duration : 04y/05m/28days
IN THE COURT OF
XLI ADDITIONAL METROPOLITAN MAGISTRATE
AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Metropolitan Magistrate
Bengaluru
Dated on this 20th day of September 2022
C.C.No.7523/2018
COMPLAINANT : The State
by Bengaluru City Railway P.S
-V/s-
ACCUSED : 1. Mohan Raj
S/o Giriraj, Aged about 25 years,
R/at Malleshwaram Side Car
Parking, Bengaluru City Railway
Station, Bengaluru City.
Permenant R/at. No.110, 6th Main,
Maruti Nagara, Kamakshipalya,
Bengaluru City.
2. Nagaraju
S/o. Srinivas, Aged 39 years,
R/o.243, R/at. Malleshwaram Side
2 C.C.No.7523/2018
Car Parking, Bengaluru City
Railway Station, Bengaluru City.
Permanent R/at. Huliyuru Durga,
Kunigal Taluk, Hiriyur Hobli,
Tumkur.
3. Ravi
S/o. Shivalenge Gowda,
Aged about 26 years,
R/at. Siddarahalli Village,
Matturu Post,Shivamogga Taluk,
Shivamogga.
Date of Commission of offence 18.02.2017
Date of report 18.02.2017
Date of arrest 20.02.2017
Name of the complainant Shri.Krishna Reddy
Date of commencement of 24.09.2019
recording Evidence
Date of closing evidence 19.08.2022
Offences complained of U/Sec.384, 324, 504, 506
r/w.Sec.34 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.Suresh.I. Mugalakki
Advocate.
JUDGMENT
[Delivered on 20.09.2022] The P.S.I of Bengaluru City Railway Police Station has filed charge sheet against the accused for the offences punishable U/Sec.384, 324,504, 506 r/w.Sec.34 of IPC.
3 C.C.No.7523/2018
2. Brief facts of prosecution case is as follows:
On 18.02.2017 at 5.40 a.m., CW.1 and 2 had been to Bengaluru City Railway Station to drop their daughter to board the train and when the CW.1 was waiting for his wife in his car, the accused No.1 to 3 in furtherance of common intention dragged him from his car, abused him in a filthy language, the accused No.1 beaten to his left cheek and face with his fist, kicked his private part, hit to his stomach and back with a stone and extorted Motorola Mobile phone and a cash of Rs.500/-
from his shirt pocket and threatened him with dire consequences by showing a knife, if he informs the same to the police. On the basis of complaint given by the CW.1, the Bengaluru City Railway Police have registered this case in Cr.No.67/2017.
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.384, 324, 504, 506 r/w.Sec.34 of IPC.
4. On 22.02.2017, the accused No.1 to 3 were arrested and produced before the Court. On 22.02.2017, they got enlarged 4 C.C.No.7523/2018 them on bail. After taking cognizance of the offences, this Court complied with Sec.207 of Cr.P.C and furnished charge sheet copies to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the offences punishable U/Sec. 384, 324,504, 506 r/w.Sec.34 of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 7 witnesses as PW.1 to 7 and got marked Ex.P.1 to 7 documents. After the closure of the evidence of the prosecution, this court recorded the statements of the accused U/Sec.313 of Cr.P.C wherein, the accused denied the incriminating evidence led against them. They did not choose to lead their defence evidence.
7. I have heard the arguments of Senior APP and Sri. S.I.M Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration: 5 C.C.No.7523/2018
1. Whether the prosecution proves beyond all reasonable doubt that, on 18.02.2017 at 5.40 a.m., at Bengaluru City Railway Station, when the CW.1 was waiting for his wife in his car, the accused No.1 to 3 in furtherance of common intention abused him in a filthy language and thereby they have committed an offence punishable U/Sec.504 r/w.34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention dragged the CW.1 from his car and the accused No.1 beaten to his left cheek and face with his fist, kicked his private part, hit to his stomach and back with a stone caused injury and thereby they have committed an offence punishable U/Sec.324 r/w.34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the 6 C.C.No.7523/2018 accused in furtherance of common intention extorted Motorola mobile phone and cash of Rs.500/- from CW.1 and thereby they have committed an offence punishable U/Sec.384 r/w.34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention threatened the CW.1 with dire consequences by showing knife, if he informs the same to the police and thereby they have committed an offence punishable U/Sec.506 r/w.34 of IPC?
5. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : As per final orders for the following:
7 C.C.No.7523/2018
REASONS
Point No.1 to 4:As all these points are interrelated, I take all the four points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused No.1 to 3 in furtherance of common intention dragged the CW.1 from his car, when he was waiting for his wife in his car near Bengaluru City Railway station and the accused abused him in a filthy language, the accused No.1 beaten to his left cheek and face with his fist, kicked his private part, hit to his stomach and back with a stone and extorted Motorola Mobile phone and a cash of Rs.500/- from his shirt pocket and threatened him with dire consequences by showing a knife, if he informs the same to the police and thereby they have committed the offences punishable U/Sec.384, 324,504, 506 r/w.Sec.34 of IPC.
11. In order to prove its case, the prosecution got examined the complainant-injured CW.1 as PW.1, eyewitness-CW.2 as PW.7, mahazar witness CW.4 as PW.2, medical officer CW.10 as PW.3, police official, who arrested the accused- CW.7 as PW.4, 8 C.C.No.7523/2018 CW.8 as PW.5 and Investigating Officer-CW.11 as PW.6 and got marked complaint as Ex.P.1, photographs as Ex.P.2 and 3, spot mahazar as Ex.P.4, wound certificate as Ex.P.5, FIR as Ex.P.6 and Seizure Mahazar as Ex.P.7.
12. The CW.1/PW.1-Krishna Reddy in his evidence has stated that, on 18.02.2017 at 5.45 a.m., he along with his wife/CW.2 had been to Bengaluru City Railway Station to drop their daughter Priyanka to board the train. He asked his wife to book the ticket at Malleshwaram side ticket counter at the northern side and return to the car. He was waiting for her by the side of the road, as there was no parking area. When he was sitting in his car, a person came there, abused him in a filthy language and when he told not to advice him as he is not concerned to it, two persons came and abused him in a filthy language and suddenly dragged him out of the car and one of them tightly caught him. The accused No.1 beaten to his left side lip, hit him with a stone to his stomach and back and he has also beaten him with his fist. The other two accused tightly holding him. The accused No.1 9 C.C.No.7523/2018 kicked to his private part and extorted Motorola Mobile and Rs.500/- from his pocket. By seeing the police, they showed knife and threatened him with dire consequences, if he informs the same to the police. They ran away from the spot. Subsequently, police came there. He went to K.C.General hospital for treatment and thereafter he went to police station and gave Ex.P.1 complaint. Thereafter, the police informed him that they have traced the accused and recovered mobile phone and money. He went to the station, identified the accused and his phone. His phone is seen in Ex.P.2 and 3 photographs.As per the court orders, he has taken interim custody of his mobile.
13. CW.2/PW.7 Ashwathamma in her evidence has stated that, she has seen the accused. PW.1 is her husband. On 18.02.2017, she had been to Bengaluru City Railway Station along with her husband and dropped their daughter. She tooke her daughter to board her to the train at 5.45 a.m. At that time, her husband was waiting in the car. When she came to the parking place, she noticed that 3 persons were beating her husband. She requested 10 C.C.No.7523/2018 the traffic police to help her. When she came near her husband, one person was holding a knife and threatened her with dire consequences, if he informs the same to the police. Those persons had beaten his left cheek with fist, 2 persons were holding her husband and other person kicked his private part. Those persons extorted mobile and Rs.500/- from her husband and ran away. Subsequently, she took him to K.C.General Hospital for treatment. Thereafter they gave complaint to the police on the next day, the police telephoned them and informed that they have traced the persons, who extorted money and mobile from PW.1. On 20.02.2017, she went to the police station with her husband, all the 3 accused were present in the station. The police had recovered mobile and money from them. They identified the same. They learnt that the names of the accused as Mohan Raj, Nagaraj and Ravi. The money and mobile extorted from her husband is seen in Ex.P.2 and 3 Photographs. She has identified the accused.
11 C.C.No.7523/2018
14. CW.4/PW.2 Sathish in his evidence has stated that, he has identified his signature found on Ex.P.4. On 18.02.2017 at 12.15 p.m., he affixed his signature to Ex.P.4 near Railway booking counter of Malleshwaram Side. He was doing his tea business at that time. CW.1 ws present at Malleshwaram. When the CW.1 came to the counter, 3 persons by threatening him snatched his mobile phone. He has seen the incident. By knowing the contents fo Ex.P.4, he has signed the same. CW.3 was present with him at the tiem of signing mahazar.
15. CW.10/PW.3 Dr.Radha, in her evidence has stated that, while she was working as doctor at K.C.General Hospital, on 18.02.2017 at 7.05 a.m., HC-51 Railway police brought PW.1 for treatment with the history of assault. On examination, she noticed abrasion over his lower lip, tenderness and contusion over left side head, tenderness in his entire body, abdomen and private part. Those injuries are simple in nature. She gave Ex.P.5 Wound certificate in this regard.
12 C.C.No.7523/2018
16. CW.7/PW.4 Rajanna in his evidence has stated that while he was working in Bengaluru City Railway Police Station on 20.07.2017, CW.11 had deputed himself and CW.8 to trace the accused and robbed articles. At 8.30 a.m., they went to the back gate of Malleshwaram Railway Station. They found the accused working there. On enquiry they told their names as Mohan Raj, Nagaraj and Ravi. They admitted that, they had extorted a motorola mobile and cash of Rs.500/- from a person by showing the knife, beating and kicking him. On search of his body, they found Motorola Mobile and cash of Rs.500/- with accused No.1. Hence, they brought them to police station. He has identified the accused. He has given a report and statement in this regard.
17. CW.8/PW.5 Renukappa, in his evidence has stated that while he was working as constable at Bengaluru City Railway Station on 20.02.2017, his higher official deputed himself and PW.4 to trace out the accused and the extorted articles. Accordingly, they along with CW.9 went to the parking area of Bengaluru City Railway Station towards Malleshwaram Side. 13 C.C.No.7523/2018 They found 3 people namely Mohanraj S/o. Giriraj, Nagaraj S/o. Srinivas and Ravi S/o. Shivalingegowda. By searching the body of the accused No.1, they found a black colored Motorola mobile and cash of Rs.500/- . On enquiry he told that, they have extorted money and mobile from a person 2 days ago near the car parking area, when he refused to pay the parking fee. They had beaten him, snatched mobile and money from him. They also informed him that they have threatened him with dire consequences by showing a knife, if he informs the same to the police. Accordingly, they have produced those 3 persons before CW.11 and the PW.4 has given a report in this regard. He has identified the accused, who are present before the court.
18. CW.11/ PW.6 R.S.Bailanjaneya, in his evidence has stated that, while he was discharging his duties as PSI of Bengaluru City Railway Station, on 18.02.2017 at 5.50 a.m., PW.1 visited the police station and gave Ex.P.1 complaint. On the basis of which, he has registered Ex.P.6 FIR. Subsequently, he sent PW.1 to the hospital for treatment along with his staff Venkatesh 14 C.C.No.7523/2018 Murthy. Subsequently, he went to the spot along with CW.3 and PW.2 at 12.15 pm and drawn Ex.P.4 Mahazar from 12.15 to 1.15 p.m., in the presence of PW.1, 2 and CW.3. The PW.1 has shown the spot. Subsequently, he deputed PW.4, 5 and CW.9 to trace out the accused and the extorted articles. On the same day PW.4, 5 and CW.9 produced 3 accused. He enquired with them, recorded their voluntary statement, wherein they admitted that they have extorted money and mobile from PW.1. Accordingly, a black colored Motorola Mobile and cash of Rs.500/- was seized from accused No.1 in the presence of CW.5 and 6 by drawing Ex.P.7 Mahazar. By following the arrest procedure, he produced them before the court. He has identified them. He has recorded the restatement of PW.1 and statements of CW.2, PW.4, PW.5 and CW.9. As per the court orders, he returned mobile phone and amount to PW.1 on 28.02.2017. On 25.04.2017, he received Ex.P.5 Wound Certificate from K.C.General Hospital. Mobile and amount can be seen in Ex.P.2 15 C.C.No.7523/2018 and 3 photographs. By completing the investigation he filed charge sheet against the accused.
19. On the basis of Ex.P.1-Written complaint given by PW.1 on 18.02.2017 at 11.30 a.m., Bengaluru City Railway police have registered the case, investigated the matter and filed charge sheet against the accused. The investigating officer/ PW.6 in his evidence has stated that the PW.1 gave Ex.P.1 complaint on 18.02.2017 at 5.50 a.m. But in Ex.P.1, there is an endorsement stating that the police have received complaint from PW.1 on 18.02.2017 at 11.30 a.m.
20. The investigating officer in his chief examination has stated that he had sent PW.1 to the hospital for treatment along with his staff Venkatesh Murthy. As per Ex.P.5 Wound Certificate, PW.1 was accompanied by HC-51 of City Railway Police Station to the hospital for treatment with the history of assault. But, that police official has not been cited as accused in the charge sheet. The PW.7 being the wife of the complainant in 16 C.C.No.7523/2018 her evidence has stated that, she had taken her husband to K.C.General Hospital for treatment.
21. In Ex.P.1 the Complainant has stated that he had been to Bengaluru City Railway Station along with his wife on 18.02.2017 at 5.45 a.m., to drop their daughter to board her train. He told his wife to get the ticket from Malleshwaram side booking office and get their daughter to board the train and return to the car where he was waiting. At that time, the watchmen at the parking area asked him to take out his car, at that time 2 other watchmen aged about 20-25 years suddenly came, dragged him from the car. One Nagaraj and another person caught him tightly and they abused him in a filthy language. Mohan Raj beaten to his left cheek and face with his right fist, kicked to his private part and extorted Motorola mobile phone and cash of Rs.500/- from his T-Shirt pocket. When they saw the police coming there, they escaped from the spot by showing a knife by threatening him with dire consequences, if he informs the same to the police. 17 C.C.No.7523/2018
22. The PW.1 has mentioned the names of 2 persons in his complaint. But he did not explain as to how he came to know the names of the persons on the date of alleged incident, who allegedly ran away from the spot by extorting mobile and money from him. Because,as on the date of filing Ex.P.1 complaint, the accused No.1 to 3 were not arrested. From the version of PW.6, it appears that the accused were arrested on 20.02.2017.
23. During the course of cross examination, the PW.6 being the IO has stated that "
.1 !" . #.20.02.2017 '(
, *+ .1
, -./." As stated by PW.6, if they had informed the names of the accused to PW.1 on 20.02.2017, how he can write the names of the accused in Ex.P.1, which was said to be given on 18.02.2017.
18 C.C.No.7523/2018
24. As contended by the prosecution, if the accused were arrested on 20.02.2017, how the complainant came to know about the names of the persons, so as to mention their names in the complaint ? The PW.3 in her cross examination has stated that she had received a requisition from the police, wherein the name of the person was mentioned, who had beaten PW.1. The copy of that requisition is not produced before the court.
25. As per the version of PW.3, the PW.1 had visited the K.C.General hospital on 18.02.2017 at 7.05 a.m., prior to lodging of Ex.P.1. Then how the police can inform the doctor, who allegedly assaulted PW.1. Because the accused No.1 to 3 were arrested only on 20.12.2017. Then how the police officials came to know about the names of the accused on 18.02.2017 that too prior to their arrest. All these aspects create doubt in the mind of the court regarding the genuineness of this case.
26. Though the PW.7 contends that she has seen the accused beating and kicking her husband near parking area of railway station, the PW.1 did not mention in Ex.P.1 regarding the 19 C.C.No.7523/2018 presence of his wife at the spot, while the alleged incident was taken place. Mentioning the names of the accused in Ex.P.1/complaint dated 18.02.2017 and arrest of the accused No.1 to 3 on 20.02.2017 makes the court to doubt the genuineness of this case.
27. The PW.1 in his cross examination has stated that, his wife returned to the car at 6a.m., when he was informing the police regarding the incident and intending to take treatment from the hospital. This makes the court to believe that the PW.7 is not an eyewitness to the alleged incident.
28. During the course of cross examination, the PW.1 stated that, the accused No.1 hit to his lower lip with a stone and he had suffered swelling over his left ear, injury to his head and lip area. The PW.1 in his complaint has alleged that the accused No.1 had beaten to his left cheek and face with his fist and kicked to his private part. The PW.1 nowhere in his complaint has stated that the accused have beaten to his head and back with a stone.
20 C.C.No.7523/2018
29. As per Ex.P.5, the PW.1 had small abrasion over his lower lip, tenderness and swelling over left side of his head, tenderness over all over the body, tenderness over abdomen and tenderness over both testicles. But the PW.3/ the medical officer has not noticed any wounds over the left ear and backside of his head.
30. In the present case the so-called stone and knife are not seized. It is not the case of the prosecution that, the accused extorted mobile and money from PW.1 by showing knife. Hence, Sec.397 of IPC does not attract. The PW.6 in his cross examination has stated that they had seized button mobile [Basic Model] and cash of Rs.500/- from the accused No.1. The PW.5 is the police official who arrested the accused along with PW.4, who has stated that they had seized button mobile from the accused No.1. During the course of cross examination, the court asked a question to PW.5 regarding the face value of the currency notes said to be seized from accused No.1. To which, the PW.5 stated that, there were 5 notes of the face value of 21 C.C.No.7523/2018 Rs.100/-. But, in Ex.P.2 and 3 photographs, a note of the face value of Rs.500/- is appearing.
31. In Ex.P.2 and 3 photographs we can see the touch screen Android mobile and currency of Rs.500/-. This aspect makes the court to doubt the genuineness of this case. Because, the PW.7 in her cross examination has stated that the phone and currency notes found in Ex.P.2 and 3 photographs were handed over to police by her husband. According to PW.7, she and her husband came to know about the names of the accused on 20.02.2017. If it is so, how the PW.1 written the names of the accused in Ex.P.1/Complaint which was said to be lodged on 18.02.2017. This creates doubt in the mind of the court.
32. In Ex.P.4, the IO has not mentioned detailed description of the mobile and currency notes. As per Ex.P.7 seizure mahazar, the IO has recovered black colored Motorola touch screen Mobile. The denomination of the money has not been mentioned in Ex.P.4 and 7 specifically. Though the PW.7 contends that 22 C.C.No.7523/2018 she has witnessed the incident personally, that aspect has not been stated by PW.1 in his complaint.
33. The mahazar witnesses, who had allegedly affixed their signature to Ex.P.7 i.e., CW.5 and 6 did not appear before the court. Inspite of issuance of repeated warrants and proclamations, the prosecution did not secure their presence. Hence, they are dropped from examination. As contended by the IO, if he had seized button mobile [Basic Model] from the accused No.1, why the description of that mobile is not mentioned in Ex.P.7. As per Ex.P.7 touch screen mobile was seized. All these aspects create doubt regarding genuineness of this case. There are no materials on record to show that the mobile and currency note found in Ex.P.2 and 3 photographs are seized from accused No.1 by drawing Ex.P.7 Mahazar.
34. According to PW.4 and 5 they found the accused No.1 to 3 near the parking area of Malleshwaram Railway Station. On examination, they found Motorola Mobile and currency note of Rs.500/- from accused No.1. As stated by them, if mobile and 23 C.C.No.7523/2018 currency note of Rs.500/- was recovered from accused No.1, why no mahazar was drawn at the spot. This aspect has not been clarified by PW.4, 5 or the IO.
35. If we read the evidence led by the prosecution witnesses in comparison with each other, the allegations made by the prosecution against the accused will not be proved. The injuries said to be sustained by PW.1 does not tally with the injuries mentioned by PW.3 in Ex.P.5. Moreover, there are no documents to show that the mobile and currency note found in Ex.P.2 and 3 photographs were seized from accused No.1 through Ex.P.7 Mahazar.
36. In the absence of the evidence of Panch witnesses cited in Ex.P.7, the evidence led by PW.1 and 2, 4 to 7 is not helpful to the case of the prosecution. From the oral evidence led by PW.1 to 7, the allegations made against the accused will not be proved. Therefore, the prosecution has failed to prove the allegations made against the accused. In such circumstances, I answer Point No.1 to 4 in the Negative.
24 C.C.No.7523/2018Point No.5: For the aforesaid reasons I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 to 3 are acquitted from the charges of Sec.384, 324, 504, 506 r/w.Sec.34 of IPC. The bail bond executed by the accused stands cancelled.
The property seized under PF No.8/2017 i.e., Motorola Mobile Phone and cash of Rs.500/- is already released to the interim custody of PW.1. That order is made absolute.
20.09.2022 [TATTANDA DAMAYANTI SOMAYYA] XLI ADDL.METROPOLITAN MAGISTRATE BENGALURU 25 C.C.No.7523/2018 ANNEXURE LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Krishna Reddy
PW.2 : Sathish
PW.3 : Dr.Radha
PW.4 : K.C.Rajanna
PW.5 : Renukappa
PW.6 : R.S.Bailanjaneya
PW.7 : Ashwathamma
LIST OF DOCUMENTS MARKED FOR THE
PROSECUTION:
Ex.P.1 : Complaint
Ex.P.1[a] : Signature of PW.1
Ex.P.2& 3 : Photos
Ex.P.4 : Spot Mahazar
Ex.P.4[a] : Signature of PW.2
Ex.P.4[b] : Signature of PW.6
Ex.P.5 : Wound certificate
Ex.P.5[a] : Signature of PW.3
Ex.P.5[b] : Signature of PW.6
Ex.P.6 : FIR
Ex.P.6[a] : Signature of PW.6
Ex.P.7 : Seizure Mahazar
Ex.P.7[a] : Signature of PW.6
26 C.C.No.7523/2018
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 19.09.2022
Transcribed on : 20.09.2022
checked on : 20.09.2022
Signed on : 20.09.2022
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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