Bangalore District Court
State By Yelahanka Police Station vs No. : 1. Ramakrishnappa on 12 July, 2018
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 12th day of JULY 2018
:Present:
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.23168/2017
Complainant : State by Yelahanka Police station
(By Sr. Asst. Public Prosecutor)
-V/s-
Accused No. : 1. Ramakrishnappa,
S/o Subbaiah,
Aged about 70 years
2. Santosh Kumar,
S/o Narayana Gowda,
Aged about 30 years
All are R/at Allalasandra village,
GKVK Post, Yelahanka Hobli,
Bengaluru.
(By A.V. Raghavendra, advocate )
JUDGMENT
The PSI of Yelahanka Police Station has filed split up charge sheet against accused No.1 and 2 for the offences punishable U/s.143, 147,323, 324, 327, 392 447, 506 r/w 149 of IPC. 2 C.C.No.23168/2017
2. The brief facts of the prosecution case are as follows:
It is alleged that, C.W. 1 Sri. Seenappa, C.W. 2 Sri. Appanna Gowda, C.W. 3 Sri. Munegowda and C.W. 4 Smt. Rudramma possess property bearing Sy.No.106 and 107 and House list No.18 of Allalasandra Village, eastern side of aforesaid property belonged to split up accused No.1. On 05/07/2008 at about 9.30 a.m. in the morning, accused persons in furtherance of common object, formed an unlawful assembly, illegally trespassed into their land, C.W. 1 to 4 questioned accused persons about construction of a compound, being enraged, accused persons picked up quarrel with C.W. 1 to 4, accused No.1, 5 and 8 tried to assault C.W. 1 Sri. Seenappa, during that time, accused persons snatched gold chain from the neck of C.W. 1, caused hurt to him, accused No.2, 3 and 4 assaulted on C.W. 3 with wooden club, caused bleeding injuries, accused No.4 pulled C.W. 3 on the ground, during that time, accused No.2, 3 and 4 assaulted on his back, hands, legs and neck by their hands, accused No.2 slapped on C.W. 2's cheek, all the accused person assaulted C.W. 2 by their hands, voluntarily caused hurt, posed threat to the 3 C.C.No.23168/2017 lives of C.W. 1 to 4 with dire consequences and thereby committed aforesaid offences. Therefore, C.W. 1 Seenappa has lodged complaint before the jurisdictional police. As such, this case came to be registered against the accused persons. During the course of investigation I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses, obtained wound certificates from the concerned authority and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.
3. The accused No.1 and 2 are on bail and they are represented through their counsel.
4. The copies of the prosecution papers have been furnished to the accused No.1 and 2 as required under Sec.207 of Cr.P.C. The cognizance of the offences punishable U/sec. 143, 147,323, 324, 327, 392 447, 506 r/w 149 of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused No.1 and 2 in the language 4 C.C.No.23168/2017 known to them, they pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case has examined C.W. 1 as P.W. 1 and got marked two documents at Ex.P1 and P.2. Though, the prosecution in order to prove its case has cited as many as 11 witnesses, except C.W. 1, none of the witnesses i.e. C.W. 2 to 11 have turned up before the court inspite of taking coercive steps like issuance of summons, warrants and even proclamation. It is to be observed that, the charge is framed in the year 2018 and till now C.W. 2 to 11 have been secured and no satisfactory explanation has been offered. Therefore, they have been discharged from deposing evidence. As there is no incriminating evidence against the accused persons, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, C.W. 1 Sri. Seenappa, C.W. 2 Sri. Appanna Gowda, C.W. 3 Sri. Munegowda and C.W. 4 Smt. 5 C.C.No.23168/2017 Rudramma possess property bearing Sy.No.106 and 107 and House list No.18 of Allalasandra Village, eastern side of aforesaid property belonged to accused No.1. On 05/07/2008 at about 9.30 a.m. in the morning, accused persons in furtherance of common object, formed an unlawful assembly and thereby committed an offence punishable U/s.143 r/w 149 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object formed an unlawful assembly which led to riot and thereby committed an offence punishable U/s.147 r/w 149 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, illegally trespassed into the land, C.W. 1 to 4 and thereby committed an offence punishable under Section 447 r/w 149 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, when C.W. 1 to 4 questioned accused persons about construction of a compound, being enraged, accused persons picked up quarrel with C.W. 1 to 4, accused No.1 along with other accused persons tried to assault C.W. 1 6 C.C.No.23168/2017 Sri. Seenappa, during that time, accused persons snatched gold chain from the neck of C.W. 1, caused hurt to him and thereby committed an offence punishable under Section 392 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, accused No.2 along with other accused persons assaulted on C.W. 3 with wooden club, caused bleeding injuries and thereby committed an offence punishable under Section 324 r/w 149 of IPC?
6. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused No.4 pulled C.W. 3 on the ground, during that time, accused No.2, 3 and 4 assaulted on his back, hands, legs and neck by their hands, accused No.2 slapped on C.W. 2's cheek, all the accused person assaulted C.W. 2 by their hands, voluntarily caused hurt and thereby committed an offence punishable under Section 323 r/w 34 of IPC?
7. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused No.1 and 2 along with other accused persons in furtherance of common object, picked up quarrel in connection with property matter, assaulted them, caused bleeding injuries and 7 C.C.No.23168/2017 thereby committed an offence punishable under Section 327 r/w 149 of IPC?
8. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused No.1 and 2 along with other accused persons in furtherance of common object, posed threat to the lives of C.W. 1 to 4 with dire consequences and thereby committed an offence punishable U/s.506 r/w 149 of IPC?
9. What Order?
9. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : IN THE NEGATIVE
Point No.8 : IN THE NEGATIVE
Point No.9: As per final order for the following 8 C.C.No.23168/2017 REASONS
10.Points No.1 to 8: All these points involve similar set of facts and circumstances, hence, taken up together for common discussion.
11. The prosecution in order to establish its case has cited as many as 11 witnesses and successful in examining only its complainant C.W. 1 as P.W. 1. This case has been registered on the back ground of an assault said to have been caused on the complainant and other injured persons by the accused persons.
12. In this connection complainant C.W. 1 is examined as P.W. 1, wherein he has turned hostile, not deposed anything against accused persons and thereby not supported the case of prosecution. As such, nothing substantial has been elicited in the cross- examination of this witness.
13. It is pertinent to note that, due to the hostile attitude of C.W. 1 towards prosecution case, it would not be proper to arrive at a conclusion that, accused No.1 and 2 are guilty of the alleged offences.
9 C.C.No.23168/2017
14. That apart, though the prosecution has cited as many as 11 witnesses, except C.W. 1, none of the witnesses i.e. C.W. 2 to 11 have turned up before the court inspite of taking coercive steps like issuance of summons, warrants and even proclamation. It is to be observed that, on 11/05/2018, this court has framed charge and this court has extended fullest assistance to secure the witnesses by issuing summons, warrants and even proclamation which can be seen from the order sheet. As such, C.W. 2 to 11 have been discharged from deposing the evidence. As a result, the prosecution has failed to prove the charge leveled against accused persons with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 8 are answered in the Negative.
15.Point No.9: In view of the negative findings on the above points No.1 to 8, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C., accused No.1 and 2 are found not guilty and acquitted of the offences punishable U/s. 143, 147,323, 324, 327, 392 447, 506 r/w 149 of IPC.10 C.C.No.23168/2017
The bail & bail bond of the accused No.1 and 2 and sureties shall stands cancelled.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 12th day of July 2018).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Seenappa
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint Ex.P.1(a) : Signature of PW-1 Ex.P.2 : Seizure mahazar Ex.P.2(a) : Signature of P.W. 1
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.11 C.C.No.23168/2017
Judgment pronounced in Open
Court vide separate:-
ORDER
Acting U/s.248(1) of Cr.P.C.,
accused No.1 and 2 are found not
guilty and acquitted of the offences punishable U/s. 143, 147,323, 324, 327, 392 447, 506 r/w 149 of IPC.
The bail & bail bond of the accused No.1 and 2 and sureties shall stands cancelled.
(Mala N.D) XLIV Addl.C.M.M., B'lore.