Bangalore District Court
State By : Kodigehalli Police Station vs Abhijeeth R T S/O Thimmegowda on 25 April, 2023
KABC030450362022
IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated this the 25th day of April, 2023
Present : Sri.Umesha H.K., B.A.L.L.B.,
VII Addl. C.M.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C.
C.C.No. 17160/2022
Complainant : State by : Kodigehalli Police Station.
(By Sr.Asst.Public Prosecutor)
V/s
Accused : Abhijeeth R T S/o Thimmegowda,
28 years, R/at No.20,
Sri.Lakshminarasimha Swamy Nilaya,
Nisarga Layout, 2nd Stage, Abbegere,
Bengaluru90.
(By Sri. Anjana Murthy, Advocate)
Date of occurrence of offence 08.03.2022
Date of report of offence 09.03.2022
Name of the Complainant Sri.Akashya.B.
Date of commencement of recording evidence 17.04.2023
2 C.C.No.17160/2022
Date of closing of evidence 17.04.03.2023
Offences complained of U/s 323, 326, 504 of
I.P.C.
Opinion of the Judge Accused found not guilty.
CW16 P.S.I. of Kodigehalli Police Station has
filed charge sheet against the accused for the offences
punishable U/s 323, 326, 504 of I.P.C.
2. The brief facts of the prosecution case is as under :
It is alleged in the chargesheet that on
08.03.2022 at about 11.30 a.m., within the
jurisdiction of Kodigehalli P.S, at Tatanagar Circle,
accused inconnection with fast food business picked
up quarrel with CW1 abused him by using un
parlimentary words as "bole magne, soole magne ''
and assaulted him and poured the boiled oil to CW1
and 2 due to which they sustained simple injury and
assaulted with hands and thereby committed the
offences punishable U/s 323, 326, 504 of I.P.C.
3. Upon the written information given by the
Complainant Crime was registered in Crime
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No.56/2022, dated 09.03.2022 and investigation was
taken up. After the completion of the investigation, the
chargesheet was submitted against the accused for
the aforementioned offences.
4. This Court by perusing the chargesheet
materials acting U/s 190 (1) (b) of Cr.P.C, has taken
cognizance for the offences U/s 323, 326, 504 of
I.P.C., and registered the case as CC and issued
summons to the accused.
5. In pursuance of the summons accused
appeared and he is on Court bail. The prosecution
papers were supplied to accused as required U/s. 207
of Cr.P.C. After hearing, the charge is framed against
the accused, to which he pleaded not guilty and claims
to be tried.
[\
6. The prosecution has examined P.W.1 and 2
and got marked Ex.P.1 to Ex.P4 on its behalf. Since,
the material witness i.e., Complainant/Injured and
4 C.C.No.17160/2022
Eyewitnesses have completely turned hostile, the
prayer of Ld.Sr.APP for issuance of summons to CW3,
to 16 is rejected and evidence of CW3 to 16 are
dropped. Since, there is no incrimanating evidence
against accused recording of 313 Statement dispensed.
7. Heard the arguments. Perused the
documents placed on record.
8. The points that arise for consideration is :
1. Whether the prosecution proves
beyond all reasonable doubt that
accused have committed an offences
punishable U/s 323, 326, 504 of
I.P.C.?
2. What order ?
9. The above points are answered as under :
Point No.1: In the Negative.
Point No.2: As per final order for the following :
REASONS
10. Point No.1 : It is alleged in the chargesheet
on 08.03.2022 at about 11.30 a.m., within the
5 C.C.No.17160/2022
jurisdiction of Kodigehalli P.S, at Tata nagar Circle,
accused inconnection with fast food business picked
up quarrel with CW1 abused him by using un
parlimentary words as "bole magne, soole magne ''
and assaulted him and poured the boiled oil to CW1
and 2 due to which they sustained simple injury and
assaulted with hands and thereby committed the
offences punishable U/s 323, 326, 504 of I.P.C.
11. The prosecution in order to prove the guilt
of the accused has examined PW1 to 4. PW1 who is
the Complainant and Injured has completely turned
hostile and stated against to his complaint averments.
He further deposed he signed Ex.P1 about one
year's back at Kodigehalli P.S and he does not know
what is written in Ex.P1. Police have not read over the
contents of Ex.P1. During the crossexamination by
Ld.Sr.APP he completely denied the material
suggestions of Ld.Sr.APP and specifically stated he has
not lodged the complaint as per Ex.P1 and not given
6 C.C.No.17160/2022
restatement as per Ex.P2. So, the hostile evidence
of PW1 is of no use.
12. PW2 who is also an injured and mahazar
witness completely turned hostile. Even during cross
examination by Ld.Sr.APP he has not stated anything
about drawing of mahazar as per Ex.P3 in his
presence and he specifically denied regarding giving of
Statement as per Ex.P4.
13. Except the hostile evidence of PW1 and 2
there is nothing on record to show that accused has
committed the offences punishable U/s 323, 326, 504
of I.P.C. Further, there is no evidence to show that
accused has winover the prosecution witness i.e., PW
1 and 2. Thus, this Court is of the opinion that the
Prosecution not proved the guilt of the accused
beyond all reasonable doubt. Hence, by extending the
benefit of doubt in favour of accused. I answer Point
No.1 in the Negative.
7 C.C.No.17160/2022
14. Point No.2 : In view of the discussion made
above, I proceed to pass the following :
ORDER
Acting under section 248(1) of Cr.P.C. the accused is hereby acquitted for the offences punishable U/s 323, 326, 504 of I.P.C.
Bail bonds and surety shall stand cancelled after the appeal period is over.
(Dictated to the Stenographer, transcript computerized by him, revised, corrected and pronounced by me in the open Court on this 25 th day of April, 2023).
( UMESHA H.K ) VII Addl. C.M.M., Bengaluru.
A N N E X U R E S List of witnesses examined for the Complainant :
PW.1 Akshaya,
PW.2 Sunil.
8 C.C.No.17160/2022
List of documents marked for the Complainant :
Ex.P.1 Statement, Ex.P.2 Re-statement, Ex.P.3 Spot-mahazar, Ex.P.4 Statement. List of witnesses examined for the Accused Nil. List of documents exhibited for the Accused Nil. List of Material Object marked for prosecution Nil.
VII Addl.C.M.M.,Bengaluru.
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